Healthcare Directives: Protect Yourself

Planning for your incapacity is the only way to ensure that your health care wishes are followed in the event that you can’t speak for yourself.

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 an important step in avoiding having someone else make a decision on your behalf with which you would not otherwise agree.

The first half of the equation is executing a document referred to as a living will. This document is your written statement about your wishes regarding health care measures. The name associated with this document may vary from state to state. Sometimes, it is referred to as a health care directive. This document spells out exactly what your wishes are with regard to various types of health treatment that you may be subject to when you are incapacitated.

It is up to you to decide what is included or omitted from your living will. This is vary greatly from person to person. Some individuals will decide to outline very specific and extensive 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 next step is to appoint someone through a medical power of attorney. This document, which also goes by many other names, is intended to provide someone the authority to speak on your behalf in the event you are incapacitated. When the time comes for important medical decisions to be made, this person can act on your behalf and articulate your wishes.

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. In the event that there is a question as to your incapacity, someone will make a determination. There may even be a hearing in front of a judge in order to make this finding.

Even when your health care documents are in effect, you have the ability to override them at any time. If you have the capacity to do so, you can always make decisions regarding your own treatment. Therefore, these documents don’t operate against your will. In the situation where you are unable to express your will, your medical agent will act to effectuate your desires.

Having these documents prepared by a North Carolina Power of Attorney Lawyer, before you become ill, shows that you care for your family and do not wish to make a difficult time any more difficult. Learn more about North Carolina Living Wills and Powers of Attorney today.

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