Estate planning doesn’t only determine what happens to your assets—it can also protect yourself and your loved ones. In the event that an illness or injury renders you unconscious or otherwise incapacitated, you’ll want a plan for making critical medical decisions in the event you’re unable to make them yourself. And as with any other aspect of your estate plan, the best time to put such a plan in place is now.
Putting your wishes in writing can help to ensure that your wishes are carried out and spare your family the burden of trying to guess—or argue over—what you would have decided. Generally speaking, there are two documents you’ll want to execute: a health care power of attorney (HCPA) and a living will.
Clarification of terms
Unfortunately, there are a number of different names used for each of these documents, which can cause some confusion. HCPAs are sometimes referred to as “durable medical powers of attorney,” “durable powers of attorney for health care,” or “health care proxies.” Similarly, living wills are sometimes known as “health care directives,” “advance directives,” or “directives to physicians.” To add to this confusion, the term “advance directive” is used in some states to refer to a single document containing both an HCPA and a living will.
For the sake of convenience and clarity, we’ll be using the terms “HCPA” and “living will.”
Regardless of the terminology used, these documents allow you to:
- Provide guidance to health care providers in the event you become permanently unconscious or terminally ill
- Appoint a trusted person to make medical decisions on your behalf
HCPAs
HCPAs authorize a surrogate, such as your spouse, your child, or someone else you trust, to consent to medical treatment or make medical decisions on your behalf if you’re rendered unable to do so. Although there may be some overlap, HCPAs tend to be broader than living wills, which are generally limited to end-of-life situations.
An HCPA can authorize your surrogate to make medical decisions such as consenting to medical treatment, placing you in a nursing home or other facility, or even implementing or discontinuing life-prolonging measures, so long as these decisions don’t conflict with your living will.
Living wills
Living wills state your preferences with regard to the use of life-sustaining medical procedures including surgery, invasive diagnostic tests, artificial feeding and breathing, and pain medication. They also specify whether these procedures should be used or withheld in particular situations.
Many living wills also contain a do-not-resuscitate order (DNR). A DNR instructs medical personnel not to perform CPR in the event that you go into cardiac arrest.
Safely storing and maintaining your documents
No matter how specific or carefully planned they are, HCPAs and living wills will only be effective if the documents are readily accessible and honored by health care providers. You should store your documents in a safe and easily accessible place and make sure your loved ones know where they are.
It’s also worth noting that health care providers may be reluctant to honor documents if they’re several years old, so signing new ones periodically is a good idea. If you need additional information, contact us.