A Comprehensive Estate Plan Includes an Advanced Health Care Directive

An advanced health care directive allows you to communicate your medical care preferences in advance, in case you become incapacitated. Often part of a comprehensive estate plan, these directives may have different legal names depending on your jurisdiction. Let's explore a few health care directives you should consider including in your estate plan.

Health Care Power of Attorney

Like a durable power of attorney that authorizes an "agent" to handle your financial affairs if you're incapacitated, a health care power of attorney (or medical power of attorney) enables another person to make health care decisions for you. In some states, this is called a health care proxy.

Choosing your agent is crucial. You can't predict every situation where someone might need to make decisions about your health. Therefore, the agent should be someone who knows you well and understands your general outlook. This is often a family member, close friend, or trusted professional. Remember to designate an alternate agent in case your first choice is unavailable.

Living Will

A living will is a legal document that outlines your preferences for prolonging or ending medical treatment. It specifies the types of medical treatment you want—or don't want—if you suffer from a terminal illness or are incapacitated.

This document only takes effect if you're incapacitated. Typically, a physician must certify that you have a terminal illness or are permanently unconscious. Address common end-of-life decisions in your living will, which may require consultations with a physician.

The requirements for a living will vary from state to state. Have an attorney experienced in these matters prepare your living will according to your state's prevailing laws.

DNR and DNI Orders

Contrary to common belief, it's not legally required to have an advanced health care directive or living will on file to implement a "do not resuscitate" (DNR) or "do not intubate" (DNI) order. To establish a DNR or DNI order, discuss your preferences with your physician and have them prepare the paperwork. The order is then placed in your medical file.

Even if your living will specify your preferences regarding resuscitation and intubation, it's still a good idea to create DNR or DNI orders when you're admitted to a new hospital or health care facility. This can prevent confusion during an emotionally charged time.

Putting Your Directive into Action

Advanced health care directives must be put in writing. Each state has different forms and requirements for creating these legal documents. Depending on where you live, you may need certain forms signed by a witness or notarized. Contact an attorney for assistance if you're unsure of the requirements or the process.

Finally, be aware that health care directives aren't set in stone. You can revise them at any time. Just be sure to follow your state's requirements for revisions.