Health Care Directives: Protect Yourself

Having the right documents in place in the event of your incapacitation is an important step in avoiding confusion about your health care wishes. There are three main types of advance directives: living will, power of attorney, and health care proxy. Living wills specify the types of medical treatment that an individual desires, and can be general or specific. Health care by proxy documents designate a person with the right to make medical decisions on behalf of another person, and durable power of attorney, the most involved type of advanced directive, designates a person with the right to make medical decisions, bank transactions, apply for disability, and make other types of related decisions on behalf of another person.

Most folks don't like the idea of thinking about being in a situation where they are unable to speak for themselves. Unfortunately, this often leads to a lack of planning. Putting your health care wishes in writing is a major step in avoiding having someone else make a decision on your behalf with which you would not otherwise agree.

The first step in documenting your health care wishes is a document often referred to as a living will. This is a statement of what kind of care you want or would refuse if you become incapacitated. Don't be fooled by the name. A living will have nothing to do with a last will or a living trust. The purpose of the living will is executed solely to ensure your health care wishes are carried out.

It is up to you to decide what is included or omitted from your living will. This varies widely from person to person. Some individuals will choose to outline very specific and great instructions. Others will set forth general guidelines about the types of treatment that they are willing and unwilling to undergo. Either way, it is important to discuss these options with an estate planning legal professional.

The second aspect to health care planning is setting up a health care power of attorney.  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.

Most of the time, these two documents will operate automatically when a decision about your incapacity has been reached. This will usually occur when a doctor determines that you are unable to make decisions or properly communicate your desires regarding your treatment. If there is a question as to your incapacity, someone will make a determination. There may even be a hearing in front of a judge to make this finding.

After the documents go into effect, if you are able, you can still override any decisions made at any time. In other words, if you are temporarily incapacitated, and the documents go into effect, as soon as you are able, you can override any decisions made while they were active. They never work against your expressed will or desires.