Healthcare Directives: Protect Yourself
Having the right documents in place in the event of your incapacitation, is an important step in avoiding confusion with regard to your health care wishes.
Without properly documenting your health care wishes, you may find yourself in a situation in which a doctor, judge, or long-lost family member may be making health care decisions on your behalf. All too often, these decisions are made by people who really don′t know what the patient would have preferred had they the ability to speak for themselves.
The first step in documenting your health care wishes, is a document often referred to as a living will. This is basically a statement of what kind of care you want or would refuse in the event that you become incapacitated. Don′t be fooled by the name. A living will has nothing to do with a last will and testament or a living trust. The purpose of the living will is executed solely to ensure your health care wishes are carried out.
This document can be as detailed or general as you and your estate planning attorney decide. However, it is important to plan this document with the assistance of an attorney. That way, you can be sure you are not making any obvious or overt mistakes or omissions.
The second aspect to planning health care planning is setting up a power of attorney for health care. This legal instrument allows you to appoint another individual to make medical decisions on your behalf in the event you aren′t able to communicate your desires. Choosing the right person for this job is important as they will be making decisions about your health and treatment.
While these documents typically spring into action automatically at the time of your incapacity, sometimes your incapacity itself will be in question. In these situations, a doctor, family member, or judge may make a determination of your ability to speak for yourself. In these circumstances, there will have to be a determination made as to whether these documents will go into effect.
After the documents go into effect, if you are able, you can still override any decisions made at any time. In other words, if you are temporarily incapacitated and the documents go into effect, as soon as you are able, you can override any decisions made while they were active. They never work against your expressed will or desires.
Having these documents prepared by a North Carolina Power of Attorney Lawyer, before you become ill, shows that you care for your family and do not wish to make a difficult time any more difficult. Learn more about North Carolina Living Wills and Powers of Attorney today.
