An advance health care directive allows you to outline your medical preferences in case you are ever incapacitated or unable to make decisions. These directives are often part of a comprehensive estate plan and might be called by different legal names depending on where you live.
Here’s a breakdown of some healthcare directives you should add to your estate plan.
Healthcare power of attorney
Similar to how a durable power of attorney gives your chosen agent authority to manage your finances if you are unable to do so, a health care power of attorney (or medical power of attorney) allows a trusted person to make personal medical decisions on your behalf. Some states call this a healthcare proxy.
Selecting the right agent is crucial. Since you can’t predict every medical situation that might arise, it’s essential to choose someone who knows you well, understands your values, and can be trusted to honor your wishes. This designated agent is often a family member, close friend or trusted professional. It’s also wise to name an alternate agent in case your first choice is unavailable.
Living will
A living will is a legal document that outlines what medical treatments you do or don’t wish to receive should you be unable to communicate such decisions. It provides clear guidance on what life-extending medical treatment you wish to have or decline in the event of a terminal illness or incapacitation.
This document only takes effect if you become incapacitated, usually after a physician has certified that you’re facing a terminal illness or are permanently unconscious. In your living will, be sure to outline your wishes for end-of-life care, which may include consultation with a doctor.
Since requirements for a living will vary from state to state, it's a good idea to have an attorney familiar with local laws help prepare your living will.
DNR and DNI orders
It’s a common misconception that you need to have a living will or advance health care directive on file to implement a "do not resuscitate" (DNR) or "do not intubate" (DNI) order. To establish a DNR or DNI order, all you need to do is discuss your wishes with your physician and have them prepare the necessary paperwork. The order can then be added to your medical file.
Even if your living will covers your preferences about resuscitation and intubation, it’s a good idea to request DNR or DNI orders when you're admitted to a new hospital or facility to clarify your wishes for loved ones.
Put your directive into action
To make your advance healthcare directive official, it must be in writing. Each state has its own forms and requirements for creating these legal documents. You may need forms signed by a witness or notarized, depending on where you live. If you're unsure about the requirements or the process, it's a good idea to consult an attorney for help.
Keep in mind that health care directives are flexible—you can update them anytime. Just make sure to follow your state’s specific guidelines when making changes.
Contact your Smolin advisor for help drafting an advance health care directive and adding the necessary documents to your estate plan.