Understanding and Choosing a Power of Attorney

Planning for the future is often associated with financial matters, retirement, or estate planning, but there’s another crucial aspect many people overlook: healthcare decision-making. Unexpected health crises can happen at any time, leaving individuals unable to communicate their preferences. This is where living wills and advance healthcare directives come into play. These legal documents ensure that your medical wishes are respected, even if you’re unable to express them.

What Is a Living Will?

A living will is a written, legal document that outlines your preferences for medical treatment if you’re incapacitated or unable to communicate your decisions. It typically addresses scenarios like terminal illness, permanent unconsciousness, or severe injury. A living will may include directives on:

• Life-sustaining treatments: Do you want interventions like ventilators, feeding tubes, or dialysis if they’re the only things keeping you alive?
• Resuscitation: In the event of cardiac or respiratory arrest, would you want to be resuscitated?
• Palliative care: What type of pain management and comfort measures would you prefer if recovery is not expected?

A living will is only used when you cannot make decisions for yourself. It empowers healthcare professionals and your loved ones to act according to your wishes, preventing confusion or guilt over tough decisions.

What Are Advance Healthcare Directives?

Advance healthcare directives is a broader term that often includes a living will and a durable power of attorney for healthcare (also known as a healthcare proxy or medical power of attorney). While the living will outlines your treatment preferences, the healthcare proxy designates a trusted person (your agent) to make medical decisions on your behalf if you’re unable to do so.

This person can make decisions in real-time and address situations that might not be covered in your living will. Your healthcare agent can communicate directly with doctors and adjust care as circumstances change, ensuring that your values and preferences guide every decision.

The Importance of Planning Ahead

Planning for medical decisions through living wills and advance healthcare directives offers several benefits:

1. Control over your medical care: These documents give you control over the care you receive, even when you’re unable to advocate for yourself.

2. Avoiding family conflict: When there’s no guidance, family members may disagree on what’s best for you. Your documented wishes provide clarity and prevent disputes.

3. Reducing guilt: Without clear directives, loved ones might agonize over whether they made the “right” decision. A living will removes that burden by making your preferences clear.

4. Emergency preparedness: Accidents or sudden illnesses can happen without warning. Having these documents ensures that your healthcare choices are known and respected in critical moments.

Steps to Create a Living Will and Advance Healthcare Directive

1. Evaluate your values: Reflect on your beliefs about life-sustaining treatments, quality of life, and end-of-life care. Understanding what matters most to you will guide your directives.

2. Speak with your loved ones: Open a dialogue with family members and close friends about your preferences. This conversation can make it easier for them to understand and respect your wishes.

3. Choose your healthcare agent: Select a trusted individual who understands your values and can make decisions under pressure. Make sure this person is comfortable with the responsibility.

4. Complete the legal documents: Work with a legal professional to draft your living will and healthcare proxy. You can also find state-specific forms online, but it’s important to ensure they meet your state’s requirements.

5. Share your documents: Provide copies of your advance directives to your healthcare agent, doctors, and close family members. Consider carrying a card in your wallet that states you have a living will and who to contact in an emergency.

6. Review regularly: As your health, relationships, or values change, you may need to update your directives. Make reviewing these documents a regular part of your planning process.

Special Considerations

• State Laws: Advance directive laws vary by state. Some states may have specific forms or require witnesses or notarization, so be sure to follow your state’s legal guidelines.

• Do Not Resuscitate (DNR) Orders: A DNR order is a separate medical order that you can request if you do not want to be resuscitated in the event of cardiac arrest. It typically works in conjunction with a living will and must be placed in your medical records by your physician.