Ensuring that your personal and financial affairs are in order for the future with sound legal planning is the best way to protect your interests. At France Law Firm, we’re passionate about understanding your personal situation to create the legal provisions that are best suited for you. A large part of this is protecting your medical wishes through the use of Medical Directives or Power of Attorney. These are two very important documents that need to be completed during your lifetime to establish the type and quality of healthcare you would like to receive should you become incapacitated. Both your living will and durable power of attorney for healthcare are crucial, but they each serve different purposes to best protect you.
Living Will
Your living will is a written document that outlines how you would like to be cared for in case of an emergency or if you’re otherwise incapacitated. Within your living will is your wishes regarding certain topics such as resuscitation, desired quality of life, and end of life treatments that you do or do not want to receive. Your living will is typically kept between you and your doctor and will advise them on how to approach your treatment, so it’s important to be as specific as possible throughout the document. This document refers to withdrawing or withholding care and applies only when your physician believes that you are in a terminal condition and are unable to speak for yourself.
An important part of your living will is the Do Not Resuscitate Order (DNR), which indicates your wishes about resuscitation. Your doctor is able to add a DNR to your medical records and you can also create a prehospital DNR to to prevent paramedics from attempting to resuscitate you.
Durable Power of Attorney
Even though you define your medical wishes in your living will, it’s impossible to predict every situation that may arise, which is where the durable power of attorney comes in. The durable power of attorney for healthcare is given to the person you want to make medical decisions for you in case of an emergency and allows them the ability to make medical decisions that are not covered in your will. This person cannot contradict any of the terms of your living will, but is there to make decisions for situations not addressed in your will or in the event that your will is invalidated for any reason.
Depending on where you live, the power of attorney may be known as your “agent,” “proxy,” “patient advocate,” “surrogate,” or “attorney-in-fact.” This person not only has the power to fill in gaps that are not outlined in your will, but they also have the right to enforce your healthcare wishes in court, hire and fire doctors, have access to your medical records, and have visitation rights. It’s important to name a person you trust to make your heath care decisions if you are unable. You may include guidelines that you would like your proxy to follow or certain circumstances where you would like care withdrawn or withheld.
Combined, the living will and durable power of attorney may be called an “advanced healthcare directive.” Both may be easily revoked orally or in writing and require you to be at least 18 years old and competent at the time of creation. Choosing a qualified estate planning attorney is the best way to ensure that your wishes are honored. The legal team at France Law Firm has the experience and expertise to help you plan for the worst moments in life – or offer help if you’re already facing it. Creating your estate plan and healthcare directive can be a complex matter, which is why it’s best to have an attorney to provide you with assurance and legal piece of mind. From your will and trust to taxation planning and probate litigation, France Law Firm offers knowledge and care to help you through the difficult decisions in life. By preparing you and your loved ones for the inevitable parts of life, we help to make your worst days, and there’s, more bearable. Your personal needs are as unique as you are and at France Law, legal protection is a tailor-made solution. Contact us today to get started.
