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How to Create an Effective Advanced Healthcare Directive

Life Care Planning

What is Advance Healthcare Planning?

As you age, you may experience medical emergencies, and questions may arise about your medical treatment. You may assume that your loved ones would know what to do, but that’s not always the case. Elder law and estate planning lawyers in New Jersey and Philadelphia say you’re more likely to get proper healthcare if you have a medical care plan.

An advanced healthcare plan can enable you to speak for yourself even if you become incapacitated or seriously sick and cannot express your wishes. It lets other people know your choices and what is important to you. While having conversations with your loved ones is crucial, putting your wishes in writing is also advisable.

Skilled legal experts can help you draft legal documents known as advance directives. These legal tools only go into effect if you can’t communicate your wishes, for example, due to the following conditions:

  • Late-stage dementia
  • Persistent coma
  • Head trauma
  • Debilitating stroke
  • Terminal illness

What Are the Different Types of Advance Healthcare Directives?

Life care planning attorneys in New Jersey and Philadelphia explain that there are two most common types of advance healthcare directives:

Living Will

A Living Will instructs your healthcare provider on how you want to be treated if you cannot make a decision during emergency treatment. You can specify the acceptable or unacceptable medical therapies and the situations when your preferences apply.

It’s vital to consult extensively with your healthcare provider to help you weigh your options. They can help you better understand the treatments you’ll likely need, their benefits and downsides, and how they fit into your overall values and view of life.

The following are some issues the document should address:

  • Whether doctors should extend your life at all costs
  • What treatments to administer and for how long, for example, antibiotics, feeding tubes, ventilators, dialysis, cardiopulmonary resuscitation, and defibrillators  
  • When they should withhold or withdraw treatment
  •  Applicable pain management methods
  • Whether they should donate your organs

Medical Power of Attorney

A medical power of attorney (POA) is a document that allows you to name a proxy who will make healthcare decisions for you if you become incapacitated and are unable to communicate. Also known as a surrogate, representative, or agent, your proxy should know your wishes and values. Your proxy should also meet the following criteria:

  •  They should meet the state’s requirements for a healthcare agent
  • They should not be your doctor or part of the medical care team that attends to you
  • They should be willing and able to discuss medical care and end-of-life issues with you
  • You can trust them to be your advocate if there are conflicts about your healthcare.

Life care planning lawyers in NJ and PA say you can create a medical POA in addition to a Living Will. It can help you plan for unforeseen significant emergencies like a stroke or car accident.

What Are Some Crucial Considerations When Creating Advance Healthcare Directives?

One critical consideration when creating an advance healthcare directive is that it should be in writing. You must sign the documents and have them witnessed by two competent adults and your designated healthcare representative if you have one. NJ and PA life care planning lawyers add the following crucial things to remember:

  •  Familiarize yourself with the different types of advance healthcare directives, paying close attention to the meaning of each, how they work, and the differences
  •  Discuss your wishes and decisions with your family members, attorneys, proxy, and healthcare providers to minimize the conflict and ensure your wishes are carried out.
  • Carefully choose your proxy and a backup person if your first choice becomes unable or changes their mind about acting on your behalf later on.
  • Give your proxy, loved ones, and healthcare provider a copy of your advance healthcare directive. Keep a record of everyone with a copy of the directives.
  • Ensure your Living Will and POA documents contain detailed instructions for each medical scenario.
  • Keep the original copies of your directives where your loved ones can easily get them in an emergency.
  • If you need help creating a detailed advance healthcare directive, talk to your healthcare team or elder law and estate planning attorneys in NJ and PA.
  • Consider having a copy of the directives with you whenever you travel.

How Often Should You Review or Change an Advance Healthcare Directive?

New Jersey and Philadelphia life care planning lawyers recommend reviewing your directives whenever necessary. Some situations that may warrant a review include, but are not limited to, the following:

  • New diagnosis: Diagnosis of a terminal disease or one that dramatically alters your life may necessitate changes in your directives
  • Change of marital status: If you marry, divorce, become widowed, or separate, you may need to choose a new healthcare proxy
  • Every decade: Your thoughts about end-of-life care may change over time, making it necessary to review your directives to reflect your current values and wishes.

If you make changes, ensure you create new documents and destroy the old copies to prevent confusion. Check with your lawyers if there are state-specific requirements for changing these documents.

A Skilled Estate Planning Lawyer Helping You Create Advance Healthcare Directives

Advanced healthcare directives can enhance the chances of getting the appropriate or desired medical care in case of an emergency or terminal illness. They can also help your loved ones grieve more easily and not be burdened with guilt or depression over the outcome of the treatment you receive.

Skilled life care planning attorneys in NJ and PA can help you create advanced healthcare directives within the legal framework to ensure they are enforceable. At Bratton Law Group, we have a team of legal experts willing to walk you through the process. Call us at 856-770-2744 to schedule a consultation.

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