Healthcare Directives: Protect Yourself
Planning for your incapacity is the only way to ensure that your health care wishes are followed in the event that you can’t speak for yourself.
While the idea of planning for your incapacitation make seem uncomfortable, it is absolutely necessary in order to avoid a much more severe situation, someone making the wrong decision for you. That is why putting your health care wishes in writing is so important. When properly executed, your health care directives protect you from receiving health care treatment that you might otherwise not agree to except for your incapacity.
The first half of the equation is executing a document referred to as a living will. This document is your written statement about your wishes regarding health care measures. The name associated with this document may vary from state to state. Sometimes, it is referred to as a health care directive. This document spells out exactly what your wishes are with regard to various types of health treatment that you may be subject to when you are incapacitated.
This document can be as detailed or general as you and your estate planning attorney decide. However, it is important to plan this document with the assistance of an attorney. That way, you can be sure you are not making any obvious or overt mistakes or omissions.
The second aspect to planning health care planning is setting up a power of attorney for health care. This legal instrument allows you to appoint another individual to make medical decisions on your behalf in the event you aren’t able to communicate your desires. Choosing the right person for this job is important as they will be making decisions about your health and treatment.
While these documents typically spring into action automatically at the time of your incapacity, sometimes your incapacity itself will be in question. In these situations, a doctor, family member, or judge may make a determination of your ability to speak for yourself. In these circumstances, there will have to be a determination made as to whether these documents will go into effect.
If your health care documents go into effect, you will still be able to override them or your agent if you are still able. Your ability to make decisions on your own behalf always trumps anything placed in the documents. Even when you are unable to make and/or communicate your interests, your agent must always try to effectuate your best interests and desires.
Having these documents prepared by a North Carolina Power of Attorney Lawyer, before you become ill, shows that you care for your family and do not wish to make a difficult time any more difficult. Learn more about North Carolina Living Wills and Powers of Attorney today.