When making an estate plan, you need to consider the uncertainties of your medical future. You could be diagnosed with a serious disease or undergo a medical emergency, like a heart attack. An effective estate plan should provide a way for others to make medical decisions on your behalf if you are unable to communicate your wishes.
One of the simplest ways to address this is with a living will, sometimes called an Advance Healthcare Directive. If there is any type of care you know you would or would not want, you simply leave those instructions in the living will, and your medical team can consult this advance directive if necessary.
An example could be if you know that you do not want doctors to keep you on life support if you are in a terminal condition or a state of permanent unconsciousness. Writing this in a living will means that your family does not have to make this difficult decision, because you have already made it in advance. The Terri Schiavo story brought this issue into the national spotlight many years ago. Her story provides a good illustration that doctors will do everything they can to keep you alive unless they have some good evidence that you did not want to be kept alive under such circumstances. The living will or Advance Healthcare Directive provides the doctors with your wishes when you are unable to communicate them yourself.
Authorizing an agent to make medical decisions
A power of attorney (“POA”) is different because you are deciding who should make your medical decisions, rather than making those choices beforehand. You select an agent by creating a POA. Depending on the terms of the document, the agent may then be legally allowed to make medical choices and work with your doctors.
This does mean that you are not directly making decisions for your own medical care. But it can sometimes be beneficial because your agent can still consult with your doctors and determine what would be in your best interests. You do not have to guess or try to decide in advance if you would like to be kept on life support, for example. Your agent can talk to the doctors about your prognosis for recovery and decide if it would be the appropriate course of action.
Both of these documents can be useful as you create your estate plan, so be sure you know what legal steps to take. Reach out to our experienced attorneys to learn more.