When drafting an estate plan, you can nominate someone to make health care decisions on your behalf if you cannot. An Advance Health Care Directive (“Advance Directive”) allows you to make such nominations and to leave guidance to your agent about personal health care decisions. If you can’t communicate with your medical team because you’ve suffered a stroke, for example, the Advance Directive tells them if you want to be resuscitated or kept on life-support. The Advance Directive also allows you to choose if you want to be an organ donor and, if so, if there are any restrictions on the donation. You can also decide if you wish to be buried and, if so, where, or cremated and the disposition of the ashes. These are all very personal choics that families are not comfortable discussing.
Your agent makes real-time decisions
One big advantage here is that your healthcare agent can make real-time decisions. They’ll know exactly what your condition looks like and what your medical team recommends. They will know of all potential treatment options. With an Advance Directive, your agent for health care decisions can make flexible decisions at that time based on your medical status and the wishes you have outlined in the Advance Directive. For instance, if your treating physicians indicate that your death is very close at hand but that they can extend your life artificially by connecting you to medical devices, would you want such treatment, or would you prefer to be kept pain-free and die naturally?
Plus, an Advance Directive helps to limit disputes between family members. They know exactly who is supposed to make these critical decisions, and you know who you have chosen to make them for you. Without an Advance Directive, it may be necessary to file for a conservatorship of the person to give someone the authority to make healthcare decisions on your behalf. This is both expensive and time-consuming.
An Advance Health Care Directive is a vital part of your estate plan, and yes, everybody should have one.