Some of the most common estate planning documents, including wills, generally take effect when a person dies. Other documents protect people when they are incapacitated. An advance health care directive protects an incapacitated person and also provides support for their loved ones as they navigate a challenging situation.
People who execute documents before they become incapable of communicating with others or lose their legal authority due to cognitive decline can control what kind of medical care they receive. An advance health care directive can address several key concerns, including the three critical matters briefly explained below.
1. Nominating a medical decision-maker
Often, adults can only rely on their spouses to make medical choices for them in an emergency. Divorced, unmarried and widowed individuals have no one to speak on their behalf. Even those with spouses could be vulnerable if they end up incapacitated in a car crash that also injures their spouse. Choosing a responsible party to act as medical decision-maker is an important component of establishing an advance health care directive.
2. Outlining medical preferences
Some people want to be as comfortable as possible in a medical emergency. They want medical professionals to sedate them and provide as much pain management as possible. Others worry about addiction, possibly because it runs in their families. They may have different preferences about pain management. People can explain their wishes regarding life support and provide information that can guide their medical decision-maker when overseeing their care in an emergency scenario.
3. Clarifying anatomical donation
Particularly when incapacitation involves a persistent vegetative state that is likely to result in death, family members may have to make difficult decisions. In some cases, health care professionals ask them about anatomical gifts, including organ donation. Family members may struggle to make a decision about anatomical gifts and even autopsies or postmortem examinations. People can make their wishes clear in an advance health care directive, thereby reducing the stress their loved ones’ experience.
Estate planning helps people address a variety of concerns, including the possibility of a future medical emergency. An advance health care directive can be an invaluable addition to an estate plan if a person becomes incapacitated due to an emergency.
