As we age, it becomes increasingly important to plan for future health care needs and ensure that our wishes will be respected, even when we may not be able to communicate them any longer. Living wills and other advance directives are essential tools in elder law that provide clear instructions on your medical care preferences, offering peace of mind for you and your loved ones.
Understanding Living Wills
A living will is a legal document that outlines your preferences for medical treatment if you become incapacitated and unable to communicate your decisions. It specifically addresses situations such as terminal illness, permanent unconsciousness, or severe injuries where life-sustaining treatments might be considered.
Key Elements of a Living Will
- Medical Treatments: Specify which treatments you do or do not want, such as resuscitation (CPR), mechanical ventilation, tube feeding, and dialysis.
- Pain Management: Indicate your preferences for pain relief and comfort care.
- Organ Donation: State whether you wish to donate your organs or tissues after death.
The Importance of Advance Directives
Advance directives encompass living wills and other legal documents that communicate your health care preferences. They ensure that your wishes are honored and reduce the burden on loved ones who might otherwise have to make difficult decisions without guidance.
Types of Advance Directives
- Living Will: Outlines specific medical treatments you want or do not want, as explained above.
- Health Care Powers of Attorney: Designates a trusted person (agent) to make medical decisions on your behalf if you are unable to do so.
- Do Not Resuscitate (DNR) Order: Informs health care providers not to perform CPR if your heart stops or if you stop breathing.
Benefits of Living Wills and Other Advance Directives
- Control Over Medical Decisions: Ensures your health care preferences are respected, even if you cannot communicate them yourself.
- Reduced Family Stress: Provides clear guidance to family members, reducing the emotional burden of making critical health care decisions.
- Preventing Unwanted Treatments: Helps avoid unwanted or unnecessary medical interventions that may not align with your values or desired quality of life.
Creating Advance Directives
Creating living wills and other advance directives involves several steps:
- Reflect on Your Values: Consider what is important to you in terms of medical treatment, quality of life, and end-of-life care.
- Consult With Health Care Professionals: Discuss your options with your doctor to understand the implications of different medical treatments.
- Choose a Health Care Agent: If you designate a health care power of attorney, select someone you trust to act in your best interest.
- Have a Qualified Attorney Draft the Documents: Work with an elder law attorney to draft clear and legally binding documents. At Andersen Law PC, we strongly recommend working with a qualified attorney to draft estate planning documents. We have seen tragic situations where individuals drafted their own either solo or with an online platform, only for a judge to find them too confusing or missing key elements. To ensure that you protect your family, your future and your finances, it is imperative that you seek an attorney’s guidance when drafting any estate planning documents.
- Communicate Your Wishes: Share copies of your advance directives with your medical power of attorney, family members and doctors so there can be no question of your intentions.
At Andersen Law PC, we understand the critical importance of having your health care preferences clearly documented and legally protected. For a free consultation on your unique situation, call us at 720-922-3880.
