Share:

Estate planning is not only about managing your affairs after you pass away, but also ensuring your wishes are known if you become incapacitated. Toward that end, include an advance health care directive in your estate plan. To help you understand more about how advance health care directives work, here are the answers to a few common questions people have on the topic.

What to Know About Advance Health Care Directives

Why is it important to complete an advance directive?

In the event of your incapacitation, your physicians and loved ones must know what kind of medical treatment you wish to receive and who has the legal authority to make decisions on your behalf. Without an advance health care directive, your doctors will look to your closest family members for answers; however, this can lead to uncertainty and conflict among relatives. If there is a disagreement about your care, your family may have to go to probate court where a judge will appoint someone to make medical decisions for you.

What kinds of instructions should be included?

A well-drafted advance health care directive will name an agent who can make medical decisions and express your wishes regarding specific treatments. It should also include end-of-life care instructions, such as whether or not to resuscitate or keep you on life support, and state your preferences about artificially administered nutrition and hydration. You may also address where you want to spend your last days. 

When does it apply?

estate planningTypically, an advance health care directive will only apply if you become physically unable to communicate your wishes or mentally unable to understand the decisions you’re asked to make. If you suddenly sustain a serious injury or illness, you may also choose to give your agent the authority to temporarily speak on your behalf. 

How can you make sure your wishes are honored?

To ensure your advance health care directive is legally valid, consult an estate planning attorney. They’ll help you complete the correct form and ensure it’s signed by witnesses or notarized. They’ll also provide advice on selecting the right agent to represent you. 

 

Completing an advance health care directive is just one part of the estate planning process. For guidance creating a comprehensive estate plan that meets all your goals, turn to the Law Offices of Reuben S. F. Wong. Attorney Wong offers more than 50 years of legal experience assisting the residents of Oahu, HI, as they prepare for the future. Call (808) 531-3526 to schedule a free consultation, or visit the firm’s website to learn more about their estate planning services.

tracking