HEALTH CARE ADVANCE DIRECTIVES

Even though many of us do not wish to ponder our own mortality, at one time or another, we may have contemplated whether we would want life sustaining treatment, our organs donated upon death, or even particular funeral arrangements.  We may have even thought of someone who would carry out our wishes, if need be.  Unfortunately, the planning usually ends with just thoughts that rarely find their way into an actual plan.  This is where a health care advance directive can help. 

Health care advance directives allow you to give instructions about your health care if you cannot speak for yourself.  Such documents are useful because, unlike most living wills, a health care advance directive is not limited to cases of terminal illness.  It allows you to keep control over health care decisions that are important to you even if you cannot make or communicate decisions due to a temporary or permanent illness or injury.

A health care advance directive gives you the opportunity to appoint someone (your “agent”) to make health care decisions for you if you are unable to do so for yourself.  You can also define how much or how little authority you want your agent to have.  In addition to naming an agent, the advance directive allows you to provide specific instructions about your health care treatment, which may include donation of organs, life sustaining treatment, autopsy, or other important health care decisions.

Prior to making a health care advance directive, you should consider your goals for medical treatment, who should be your agent, how specific you want the advance directive to be, and whether your health care providers will follow your wishes as set forth in the advance directive.

You should also consult your doctor, as he or she is an important participant in creating your health care advance directive.  You should discuss the kinds of medical problems you may face, as your doctor can help you understand the treatment choices your agent may face.  More importantly, if your doctor has any objections to your wishes, you have the opportunity to work them out or, if need be, find another doctor.

By executing a health care advance directive and expressing your wishes in advance, you can relieve your family and friends of stress at a difficult time.   An advance directive gives your family and friends, who might otherwise struggle to decide on their own what you would want done, the answers they need from you.

Amy K. Nett, Esq., Managing Partner

Law Offices of Nett & Nett, PC

May 2022