What Is an Advance Healthcare Directive?
It is sad but true that with age comes more and more medical complications. And though it is difficult to think about, there may come a time when you struggle or become unable to communicate your preferences in handling these complications. So you should make an effort to have all your medical affairs in order before this day should ever come. Namely, you should establish an advance healthcare directive. Please continue reading to learn the purpose of an advance healthcare directive and how one of the experienced Butler County powers of attorney lawyers at Heritage Elder Law & Estate Planning, LLC can help you incorporate one into your estate plan.
What is the purpose of an advance healthcare directive?
An advance healthcare directive is an estate planning document that allows you to state your preferences and instructions regarding your medical care, should there come a time when you cannot express this yourself. So, its essential purpose is to guide your treating physicians on how you should be cared for and your loved ones on how to make important medical decisions on your behalf. Such treatment decisions you may cover include whether or not you wish to be resuscitated, given a feeding tube, or continually treated if you can never regain your mental capacity, among other things.
In a way, an advance healthcare directive allows you to maintain control in a situation where you struggle with managing your mental functioning. With that being said, this legal document does not replace your ability to make these decisions on your own when you still have the mental capacity to do so effectively. Rather, your appointed agent should only take over once you have officially lost your ability to speak or communicate.
What happens if I do not establish an advance healthcare directive in my estate plan?
Many people focus on establishing their last will and testament and living trust, but stop their estate planning before getting to an advance healthcare directive. Well, we strongly discourage you from overlooking this important estate planning too, as there may be weighty consequences if you do.
Namely, without an advance healthcare directive, Pennsylvania estate laws may rule who can make these medical decisions on your behalf. The order of appointment may be your spouse, then your adult child, then your surviving parent, and then other more distant relatives. Even if someone close to you receives this appointment, they may still be unsure of your exact wishes. Without having this established legal document, they may not have anything to reference before making these pivotal decisions on your behalf. Ultimately, you may not get the medical treatment you would have wanted.
Contact one of the skilled Butler County estate planning & probate attorneys to gain the emotional and legal support you require during this pivotal time. Our team at Heritage Elder Law & Estate Planning, LLC looks forward to helping you.
