Most people understand that they should have some kind of health care directive. Fewer people understand exactly what that document does—or, perhaps more importantly, what it does not do.
A health care directive is one of those documents that is easy to sign, file away, and forget about. But when a serious illness or accident occurs, it can become one of the most important documents in your estate plan.
At Estate Planning Law Center, we help families understand not only which estate planning documents they may need, but also how those documents work together when they are needed most.
Here are some common misconceptions about health care directives worth clearing up.
“My family will automatically make my medical decisions.”
This may be true, but don’t make that your plan. Many people assume that if they cannot speak for themselves, their spouse or adult child will automatically be able to make medical decisions for them.
The laws governing who can make decisions vary, and family relationships do not necessarily eliminate uncertainty or disagreement.
A health care directive allows you to formally identify the person you want to make decisions for you if you cannot make them yourself.
At Estate Planning Law Center, part of the planning process is helping families think carefully about who should serve in these important roles and whether the people named in existing documents are still the right choices today.
“My health care directive tells my doctor exactly what treatment to give me.”
Not necessarily.
A health care directive can communicate your wishes about medical treatment, but it can also appoint someone you trust to make decisions when circumstances arise that you could not have anticipated.
Medicine does not always present families with simple yes-or-no decisions. Your preferences may depend on the particular diagnosis, likelihood of recovery, available treatments, and quality-of-life considerations.
Rather than trying to predict every possible medical situation, your directive can give your chosen decision-maker guidance about your values and wishes while giving them the authority to respond to circumstances as they actually occur.
The goal is not necessarily to anticipate every medical decision that could someday arise. It is to make sure the person speaking for you understands what matters to you.
“If I have a health care directive, my family doesn’t need to know anything.”
A document is helpful, but a conversation is even more useful.
Your health care agent may eventually have to make decisions based on information that cannot be completely captured in a form.
What does “quality of life” mean to you?
What kinds of outcomes would you consider unacceptable?
What matters most to you if you are seriously ill?
You don’t need to have an answer for every possible medical scenario. But having these conversations before a crisis can help the person you choose understand what you would want.
At Estate Planning Law Center, we encourage families to think beyond simply signing documents. A strong estate plan should give the people you trust both the legal authority and the practical guidance they may need if they are ever called upon to act for you.
“Once I’ve signed it, I’m done.”
Estate planning documents shouldn’t be treated as permanent snapshots of your life.
Your relationships can change. Your health can change. The person you originally chose may move away, become unable to serve, or simply no longer be the person you would choose today.
Review your health care directive periodically and after major life events. The American Bar Association recommends reviewing it every three years. Doctors and health facilities are also more likely to accept an updated document, knowing that it is more likely to reflect a patient’s current wishes.
At Estate Planning Law Center, reviewing an estate plan means looking at more than dates on documents. We help families consider what has changed in their lives, whether the people serving in important roles are still appropriate, and whether their existing plan continues to accomplish what they want it to accomplish.
“My health care directive covers everything.”
It doesn’t.
A health care directive generally addresses medical decision-making. Other documents address other areas of your life.
For example, financial Powers of Attorney deal with financial and legal matters. Your Will addresses the disposition of property after death. Trusts can address the management and distribution of assets.
These documents work together, but they do different jobs.
And there is another practical consideration: Your health care agent needs to know how to find your documents when they are needed. A perfectly drafted directive sitting in an unknown filing cabinet isn’t particularly useful during an emergency.
A good health care plan combines the legal document with thoughtful conversations, current information, and a person you trust to speak for you.
The goal isn’t to control every medical decision from a distance. It’s to make sure that, when you can’t speak for yourself, someone you trust can speak with confidence about what matters to you.
At Estate Planning Law Center, we help families prepare for incapacity as carefully as they prepare for what happens after death. Our planning process considers Healthcare Proxies, Powers of Attorney, Wills, trusts, beneficiary planning, asset protection strategies, and other tools that may be needed to create a coordinated estate plan.
If your health care directive was prepared years ago, your family circumstances have changed, or you are not sure whether your existing documents still reflect your wishes, now may be a good time to review your plan.
Contact Estate Planning Law Center today to register for an upcoming workshop or schedule your initial planning meeting. We’ll help you review your existing documents, the people you have chosen to make important decisions, and the changes that may have occurred in your life so you can determine whether your estate plan continues to work the way you intend.
