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What Is an Advance Directive?
An advance directive is a legal document that allows a person to express their wishes regarding medical treatment in certain situations. An advance directive is commonly referred to as a living will or a power of attorney for healthcare. There are three main types of advance directives:
- An advance healthcare directive: This document allows a person to choose the type of medical treatment they would like to receive in certain situations. An advance healthcare directive can include the types of medical treatment a person would like to receive if they were in a coma, if they were terminally ill, or if they were suffering from a severe mental illness.
- An advance directive for financial affairs: This document allows a person to appoint an agent to make financial decisions for them if they are unable to make them for themselves. An advance directive for financial affairs can specify whether a person would like their spouse, child, or other trusted individual to make financial decisions for them.
- A living will: This document allows a person to state the types of medical treatments they would like to receive in certain situations. A living will can specify whether a person would like to receive life-prolonging treatments, such as artificial nutrition or hydration, or if they would prefer comfort-oriented treatments, such as pain medication. A living will can also state whether a person would like to be taken off life support if they are in a vegetative state or are terminally ill.
Advance directives are only valid if they are signed by the person making the wishes and two witnesses. The witnesses must be 18 years of age or older and must not be named in the advance directive. The advance directive must then be notarized. All three documents must be kept in a safe place and made available to medical providers.
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When Should I Create an Advance Directive?
There are many situations in which a person may need to create an advance directive. Some of the most common situations include:
- Being admitted to the hospital
- Being diagnosed with a terminal illness
- Experiencing a severe mental illness
- Becoming incapacitated
- Becoming pregnant
- Becoming a parent for the first time
- Becoming a grandparent for the first time
- Being in a car accident
An advance directive should be created at a time when the person making the wishes is in a clear state of mind. If the person making the wishes is unsure about what they want, it is best to wait until they are more certain of their wishes. Advance directives are most effective when they are created before a person has needed to use them. However, it is never too late to create an advance directive. Our knowledgeable attorneys at the Estate & Probate Law Group can help you create an advance directive that protects your rights.
Contact Us for Help with Advance Directives
If you have questions about advance directives, our compassionate attorneys at the Estate & Probate Law Group can help. We can help you create an advance directive that protects your rights. Call our offices at (877) 641-2952 or contact us online to schedule an appointment with a knowledgeable attorney.
Additionally, our firm offers a free initial consultation for all new clients. Call us today at (877) 641-2952 or contact us online to learn more about how we can help you with your advance directive.
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