An advance health care directive tells your doctors and your family two things: who speaks for you if you cannot speak for yourself, and what kind of care you want at the end of life. Putting these wishes in writing now spares your loved ones from guessing, disagreeing, or going to court during a medical crisis.
The two core documents
Designation of Health Care Surrogate. This names the person who will make medical decisions for you, and talk with your doctors, if you are unable to. Most people also name an alternate.
Living Will. This states your wishes about life-prolonging treatment if you are terminally ill or permanently unconscious, so your surrogate and your doctors know what you would want.
Most people sign both, usually alongside a durable power of attorney for financial matters.
What happens without them?
If you have not chosen someone, the hospital will look to family members to make decisions, and several relatives may have to agree. Adult children with different views can end up in conflict at the worst possible time. In some cases, the only answer is a court-supervised guardianship. A directive lets you make the choice yourself.
Who needs advance directives?
Every adult. They are especially important if you:
- are planning surgery or facing a new diagnosis;
- have a parent, spouse, or partner who would need to speak for you;
- have strong feelings about end-of-life care;
- recently moved from another state with documents prepared there; or
- have an adult child with a disability who may need help with medical decisions.
Specific legal requirements, and why they matter
Advance directives have highly specific legal requirements, and the way they are written has real implications for who can act for you, when, and how far their authority reaches. A directive that is not properly prepared may be questioned by a hospital at exactly the moment it is needed, and a document that doesn’t coordinate with the rest of your plan can leave gaps.
Our attorneys are experienced at drafting advance health care directives to the correct legal specifications and tailoring them to fit your needs, your values, and your family.
Part of a complete plan
Health care and financial decisions overlap constantly, especially when a parent needs long-term care. We make sure your health care surrogate and your financial agent can work together, so your family is not left without authority when it matters.
Contact us today for a consultation
Jackson+Jackson helps families plan for long-term care. Call us to schedule a consultation at any of our offices in New Orleans, Birmingham, Mobile, or Pensacola.
This article provides general information only. It is not legal advice, and reading it does not create an attorney-client relationship. Every situation is different; please consult an attorney about yours.