When discussing protective estate planning documents, people often focus primarily on wills or trusts. Especially when considering how to protect their loved ones, rather than themselves, testamentary instruments may dominate the discussion.
However, documents that take effect while the original creator is still alive can also offer protection. In an emergency scenario where a person becomes incapacitated for the end of their life, their family members may have to make very difficult decisions regarding their treatment.
The decision to draft an advance health care directive, also known as a Living Will, now provides people drafting the document with peace of mind and can protect their family members during a difficult time in the future.
The function of advance health care directives
An advance health care directive provides clarity regarding an individual’s medical preferences. The document explains preferences regarding life-sustaining treatment and names a health care proxy to act on behalf of an incapacitated person, if the person is terminal or in a state of permanent unconsciousness.
Family members may struggle to remember the preferences previously expressed by an individual during a time of intense stress. They might fight over who makes key decisions. In some cases, family members may end up arguing intensely with one another about those decisions, and the damage those arguments cause a relationship could forever undermine sibling relationships or the bond between a surviving spouse and their adult stepchildren.
People who take control of their future medical care by drafting advance directives can feel confident about getting the support they desire without undergoing unwanted and unnecessary care. They can also protect their family members from stress, guilt and relationship damage caused by medical disputes.
In some cases, it may make sense to have a healthcare power of attorney in place as well.
The team at Wolf, Baldwin & Associates, P.C. can help people with elder law and estate planning concerns draft the documents they need. Schedule a consultation by clicking here or calling 610-638-6982.