Health Care Directives As Part of Your Estate Plan
Jan 23, 2012 / By: Jenny Cranford-Thomas, Attorney at Law / Category: Advance DirectivesOften, when people discuss their estate plan, they focus solely on how to transfer or protect assets upon their death. Protecting and transferring assets is certainly an important part of any comprehensive estate plan; however, another important part of an estate plan is incapacity planning. Protecting yourself and your wishes should be included in your estate plan by executing an advance directive for healthcare, often referred to as a health care power of attorney or living will.
An advance directive for healthcare generally allows you to accomplish two goals. First, you appoint someone to make health care decisions on your behalf if you are unable to do so in the future. Next, you have the opportunity to express what treatments or care you do, or do not, want in the event you are unable to express those wishes if incapacitated at a later time. For example, you may be able to indicate whether you wish life sustaining measures to be taken on your behalf as well as whether or not you wish to be given intravenous food.
Many people mistakenly believe that a spouse, parent or child will automatically be allowed to make health care decisions in the event you are unable to do so as a result of incapacity. In reality, a court must generally make the decision regarding who will be allowed to make decisions on your behalf. Although the court may eventually decide that your spouse, parent or child is the appropriate person to appoint, valuable time may be wasted in the meantime.
Although it is impossible to make all possible decisions ahead of time with regard to your health care or treatment, an advance directive for healthcare allows you to legally express certain wishes ahead of time.
Pyke & Associates, P.C. is a member of the American Academy of Estate Planning Attorneys.
Tags: Advance Directives, Advance Planning, Estate Planning, health care directive, living will
