Advance Healthcare Directives
Estate planning isn't just about what happens when you die; it's about what happens if you lose the capacity to make decisions while you are still alive.
An Advance Healthcare Directive (sometimes called a Living Will or Medical Power of Attorney) is a legal document that outlines your preferences for medical care if you are unable to communicate them.
The Two Components
1. The Living Will
This document explicitly states your wishes regarding end-of-life care. Do you want to be kept alive on a ventilator? Do you want artificial nutrition and hydration? Under what specific medical conditions should life support be withdrawn?
2. Medical Power of Attorney (Healthcare Proxy)
This designates a specific person to make medical decisions on your behalf if you cannot. They are legally bound to follow the instructions in your Living Will, but they also have the authority to make decisions on issues you didn't explicitly cover.
HIPAA Authorization
Always ensure your directive includes a HIPAA release. Without it, federal privacy laws may prevent doctors from even discussing your medical status with the person you appointed to make decisions for you.