Planning for the future isn’t just about wills, finances, and inheritances. It’s also about ensuring your health and healthcare preferences are protected and honored, even if you aren’t able to voice your wishes. This is when a living will and advance healthcare directive will come into play. These legal documents allow you to specify your medical care wishes and name someone to make decisions for you if you become incapacitated.
At Melone Hatley, P.C., our experienced Richmond, Virginia living will attorneys are here to help ensure your wishes are honored should something happen to you. We will guide and advise you through the process of creating a living will and advance medical directive that will ensure your wishes are honored in the event of a medical emergency.
Planning Ahead: Why Advance Healthcare Directives Matter
If you become incapacitated due to a medical emergency, serious accident, or illness, you may not be able to make decisions about your medical care or voice your preferences. How will you convey your wishes to family members and medical providers when you can’t understand your situation or speak for yourself?
Unfortunately, without proper legal designations in place, your family and healthcare providers will be left guessing what your healthcare or end-of-life wishes would be. A living will or advance healthcare directive are essential for anyone who wants to maintain control over their medical care and reduce uncertainty for their loved ones during critical moments. These documents help ensure that your healthcare preferences are respected by your family and providers, providing peace of mind for both you and your family.
What is an Advance Healthcare Directive?
An advance healthcare directive is one or a set of complementary legal documents that allow you to make important decisions on your own behalf should you not be able to do so if you have become incapacitated. These documents allow you to outline your healthcare preferences, appoint someone to make medical decisions on your behalf, and make other important decisions about your medical or end-of-life care proactively in the event you can no longer communicate or make these decisions yourself.
What are the benefits of having an advance healthcare directive?
- It gives you the power to make critical decisions about your medical and end-of-life care in advance of an emergency situation.
- You will be able to designate a trusted agent to be your voice and make medical decisions for you if you can no longer speak for yourself.
- You can change, edit, or update your directive at any time if your needs or desires change.
Living Will
As a component of an advance healthcare directive, a living will is a written legal document that allows you to specify certain preferences should you become incapacitated. Living wills are primarily focused on end-of-life care, terminal illness, or permanent unconsciousness, where life-sustaining measures may need to be considered by providers. For instance, a living will allows you to state whether you would want
- Life-sustaining treatments, such as mechanical ventilation or tube feeding
- Pain management or palliative care
- Resuscitation efforts
Without a living will, your family members and healthcare providers will be uncertain about what you would choose for yourself in this scenario. Providers, by default, will usually intervene to prolong your life if they have no direction otherwise. Family members may be forced to make heart wrenching decisions without knowing what you would have wanted in that situation.
Healthcare Power of Attorney
Another essential component of an advance healthcare directive is a healthcare power of attorney. While a living will addresses specific medical treatments in specific situations, a healthcare power of attorney allows you to name another individual, called your agent, to make medical decisions for you if you are unable to do so for yourself.
Without a healthcare power of attorney in place, doctors and hospitals cannot automatically defer to family members without something that legally grants them decision-making authority. This can cause critical delays and unfortunate decisions in emergency situations. Conflicts between family members can arise, and loved ones may struggle with the emotional burden of making difficult decisions without guidance.
Other Provisions That Can Be Included in Your Advance Healthcare Directive
In addition to the core components of a living will and healthcare power of attorney, the Virginia Health Care Decisions Act allows significant flexibility in customizing directives to meet your personal wishes and needs. Other provisions that can also be addressed in your advance healthcare directive can include:
- Organ and tissue donation preferences, specifying which organs or tissues you wish to donate and for what purposes
- Mental health treatment preferences that might cover medications, therapies, or specific facilities for mental health care
- Pain management and palliative care that will specify your preferences for pain relief and comfort care, even if they might inadvertently shorten your life
- Artificial nutrition and hydration preferences stating whether you wish to receive or refuse artificial means of nutrition and hydration in certain medical circumstances
- Do-Not-Resuscitate (DNR) orders where you can express your wishes regarding resuscitation
- Religious or cultural preferences regarding how your religious or cultural values should influence your care, such as avoiding treatments that conflict with your beliefs
- Appointment of a guardian if guardianship proceedings become necessary
- Specific instructions for providers or facilities, naming preferred providers, hospitals, or facilities or ones you wish to avoid
Including optional provisions in your advance directive can ensure your wishes are clear and comprehensive, reducing uncertainty for your providers and loved ones.
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When Does an Advance Healthcare Directive Go Into Effect?
Your healthcare advance directive only goes into effect when you can no longer make or communicate your own healthcare decisions due to a serious illness, injury, or other circumstances as determined by a medical professional. Until the point you are determined incapacitated, you retain full control over your healthcare decisions.
Advance healthcare directives will go into effect if
- A medical professional has determined you lack the capacity to understand the nature and consequences of your medical condition, evaluate your options, or communicate your preferences.
- You have suffered a condition specified in your directive, such as being diagnosed with a terminal illness, being in a persistent vegetative state or irreversible coma, or are facing end-of-life circumstances where life-sustaining options are being considered.
When your directive goes into effect, your healthcare agent assumes the authority to make decisions on your behalf, guided by your documented preferences. If you did not name an agent but provided instructions in a living will, those instructions will guide your providers in your care.
If you recover and can make decisions again, your advance directive becomes inactive and you will regain full control over your healthcare decisions.
Things to Consider When Creating an Advance Healthcare Directive
Creating a living will and advance healthcare directive will protect your interests, specify your wishes, and save your loved ones immeasurable stress and conflict.
Before creating these documents, you will want to take time to
- Reflect on what matters most to you in emergency and critical situations – For instance, what measures would you want and not want your healthcare providers to take to save your life? Would you prioritize your comfort over prolonging your life in a terminal condition?
- Choose your healthcare agent wisely – For your power of attorney, who would you trust implicitly to understand your values and make sound decisions for you, even under pressure?
- Consult an experienced estate planning attorney – Working with an experienced attorney ensures you have considered all your options and your documents meet state-specific requirements and fully reflect your intentions.
- Discuss your decisions with family – Have open conversations with family and your chosen agent about your wishes, ensuring they understand your values and are prepared to act on your behalf when then time comes.
- Share your documents – After creating your advance directive, provide copies to your healthcare agent, family members, and healthcare providers, ensuring they are readily available when needed.
Advance healthcare directives and living wills are essential tools ensuring your medical care aligns with your wishes. By creating these legal documents while you are still capable, you are taking the guesswork out of critical decisions, ensuring your wishes are considered and providing direction for your family members, caregivers, and medical providers during times of crisis.
At Melone Hatley, P.C., our experienced living will and advance healthcare directives attorneys can help you develop comprehensive directives tailored to your specific wishes and needs. Let us help you protect your voice and provide peace of mind for your loved ones. Call us at (804) 893-5067 or use our convenient contact page to schedule an appointment with one of our client services coordinators.
