It wasn’t long ago we received a call from the adult daughter of a client. Our client was days from surgery and understandably, her daughter was nervous. The client had given her daughter her estate plan “just in case.” She also reminded her daughter she was named as the agent, meaning it was the daughter’s responsibility to make decisions should anything go wrong during surgery.
Having been reminded of this provision, the daughter skimmed the estate plan. She admittedly didn’t know which document held this information and was unable to find the language (found in the Advance Health Care Directive), which prompted her call. The daughter was hoping we would steer her in the right direction. – And so we did.
As it turns out, the surgery went well, the directive wasn’t needed and the client recovered.
Here is the point …
We have spent a lot of time writing about Wills and Trusts, but they aren’t the only documents needed for a complete estate plan. Another which can be of great significance and use is the Advance Health Care Directive.
If you have an estate plan or have ever met with an estate planning attorney, then you are probably aware of the Advance Health Care Directive (commonly referred to as a Living Will).
In a nut shell, the Advance Health Care Directive is a legal document which per your request, lets your doctor, family and friends know your individual health care preferences. This includes the types of special treatment you might want (diagnostic testing, surgical procedures, cardiopulmonary resuscitation, etc.) or treatments you might not want at the end of life.
It allows you to name an agent you wish to make health care decisions on your behalf (like the daughter from our illustration), should you become incapacitated, or simply do not want to make those decisions yourself.
In short, it provides comfort and some semblance of control when you are most vulnerable.
If you would like to learn more about the Advance Health Care Directive or other estate planning documents, please schedule and appointment with an estate planning attorney.
