However, if through accident, age, or illness, you become unconscious or too ill to decide for yourself, it is extremely important to have your treatment wishes set forth in writing. While you are mentally capable to do so, you can always make your own decisions for medical treatment. Examples of this may include being in a coma with no expectation of recovery, or end stage cancer or other irreversible terminally ill condition. The Living Will includes your wishes and instructions concerning life sustaining treatments, such as artificial respiration, artificial hydration, artificial nutrition, CPR, and pain management. It is a set of instructions to your Health Care Agent who ultimately would be communicating these wishes to your medical providers.Ī Living Will takes effect if you have a substantial and irreversible loss of mental capacity and either (1) you are unable to eat or drink without artificial feeding or (2) you have an incurable or irreversible condition likely to cause your death within a relatively short time. In the event you are unable to communicate your wishes to medical providers and loved ones, your Living Will provides written proof of your wishes. What is a Living Will?Ī Living Will is a legal document where you set forth your wishes regarding end-of-life care. However, if you become unable to communicate your wishes, it is important to have legally documented in writing who your trusted Agents are so that your medical care can be attended to without delay. If you are able to make decisions and communicate your wishes, you remain the decision-maker and medical providers must respect your wishes. It can also include a provision stating whether you do or do not wish to be an organ donor. A properly drafted Health Care Proxy includes a HIPAA release, which allows your Agent access to your medical records, which will help them make informed decisions on your behalf. For instance, you may wish to name your spouse as your Agent and name a child as the first alternate to act if your spouse is unable to act as your Agent for any reason (illness, has predeceased, etc.).Ī Health Care Proxy form needs to be signed by you and witnessed by two people, neither of which are one of the Agents. Keep in mind that, while you can only have one Health Care Agent at a time, you can and should name alternates. You can designate a spouse, child, family member, or friend as your Agent. What is a Health Care Proxy?Ī Health Care Proxy is used to designate someone, called your Health Care Agent, to make medical decisions on your behalf and to communicate your healthcare wishes to doctors if you cannot do so yourself. These essential estate planning documents allow you to designate a medical decision-maker and provide them specific instructions in the event that you cannot make medical decisions on your own behalf. These important documents allow you to keep control of key health care decisions by making arrangements in advance and appointing trusted agents to assist you in the future. Health Care Proxies and Living Wills are related, but separate, legal documents.
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