Healthcare Directive

A healthcare directive is an important legal document in any comprehensive estate plan. The healthcare directive sets forth instructions on medical treatment (or non-treatment) for specific situations should you be incapacitated. This document usually includes several parts. The first part is a durable power of attorney for healthcare which designates an agent to act on your behalf and make healthcare decisions for you if you are unable to communicate. This agent is usually a spouse, family member or close friend.

The remaining parts of a healthcare directive address the conditions and circumstances you want treatment and/or those circumstances you do not want treatment or life saving measures. This is a very personal decision and varies greatly from individual to individual. As such, it is important you think about your desire for care and the level of care you want in a wide variety of situations. The more specific you are, the more likely your agent is to make decisions according to your wishes.

A detailed durable power of attorney for healthcare and healthcare directive ensures the medical treatment you receive meets your wishes. Additionally, it likely removes the burden from your agent in making decisions if you have clearly communicated your wishes. This cannot be understated as even the most level-headed person can have difficulty making decisions at a time when he or she may already be very emotional or traumatized.

The estate planning attorneys at Stewart, Mittleman & O’Rourke are well versed in the laws regarding healthcare directives and can answer any questions you have. We encourage you to call our law firm or contact us online to speak with an attorney to learn how we can help you achieve your objectives.