With all the uncertainty we face, there are two estate planning documents that you very much want to keep up to date. The current pandemic has done a great deal to help reinforce this need. The first of the two documents is healthcare power of attorney. This is the document that allows you to determine who will make any medical decisions on your behalf if you were to become incapacitated in any manner. The second document is the advance healthcare directive. This is also referred to as a living will. Some states stipulate that these two documents be combined into a single document. This advanced healthcare directive makes clear what you wish to happen for the end of your life. An example would be whether or not you wish to be placed on life support in the event that you end up in a persistent vegetative state. One of the things we see is that this document is one of the least discussed during the estate planning process. It is however just as important as the rest. Make sure that you spend adequate time determining what you wish to happen in such events, and work with your estate planning attorney to be sure that these wishes are spelled out adequately in your estate plan.
Be sure that you take time to talk with the person you intend on making your designated decision maker. Make sure that they will be comfortable in making the hard decisions that may be involved. Also make sure they understand any situations they may face. Being in the position of making decisions surrounding one’s passing can be hard and having someone you can rely on to do so in a manner of your choosing is important.\
Do you have particular beliefs about healthcare or end-of-life care?
Consider any spiritual, religious, or personal beliefs you have about your end-of-life care. For example, what are your beliefs about blood transfusions, organ donation, or artificial life support? Do you want clergy or other spiritual or religious leaders at your bedside before you pass away? Consider documenting these beliefs and wishes, perhaps even requiring that your healthcare decision-maker honor them when you cannot speak on your own behalf.
What type of medical interventions do you want?
When faced with end-of-life care in which you are not able to communicate your wishes, it is important that your chosen healthcare decision-maker understands the types of treatments you do or do not want administered. Depending on the situation, there could be a variety of treatments or interventions available, such as experimental drugs or procedures, ventilators, feeding tubes, or artificial hydration through an IV. You may want to document your specific wishes on these or other decisions.
Do you have different wishes based upon your medical condition or prognosis?
Depending on your state, your advance directives might contain provisions on the care you will receive in either a terminal condition or persistent vegetative state. While advance directives do not memorialize “do not resuscitate” orders (those are done at a hospital and usually with the advice of a physician), you may be able to direct your medical decision-maker (and those treating you) to remove medical interventions and cease medical treatment if you are in a terminal condition, as certified by a physician. Consider also if you have certain wishes regarding the discontinuing of interventions or treatment if you are deemed by physicians to be in an irreversible and persistent vegetative state.
Will your chosen healthcare decision-maker honor your wishes?
This is one of the most important questions you must ask both yourself and your chosen healthcare decision-maker, and you should have confidence in the answer you receive. While you may be steadfast in your beliefs and decisions about your end-of-life care, if you are unable to communicate this information, someone else will have to make these decisions on your behalf. If the person you have chosen does not agree with you, and absent properly executed documentation of your wishes, your chosen decision-maker will be allowed to make whatever decisions the decision-maker believes are in your best interest. Even if your wishes are properly documented, will your chosen person honor them if that person does not agree with your decisions, or will your decision-maker create an additional roadblock by challenging those decisions in a court of law?
If you suspect that the person you have chosen will not honor your wishes, you need to update your medical power of attorney immediately. You cannot predict when you will be in the hospital facing the end of your life, so you need to make sure that your documents are up to date and ready to be used at a moment’s notice.
We are here to help you
With healthcare at the top of everyone’s mind right now, we want to reassure you that we are here to help. Choosing the right healthcare decision-maker and clearly communicating your wishes for your end-of-life care are two matters that should not be taken lightly. We can assist you in determining whom to name to this very important role and making sure that your wishes are clearly communicated in the appropriate documents. Give us a call today to schedule an in-person or virtual meeting.
