A Combined Advanced Directive for Health Care/Living Will refer to a combined egal document used to make known your wishes regarding life-sustaining medical treatments and a Power of Attorney that appoints an individual to act on your behalf to make medical decisions for you in the event you cannot communicate those desires yourself. You have the right to make decisions about how to live your life, and how you want to be treated toward its end. We are committed to ensuring your wishes and dignity are made known when you can no longer state them.
We commonly prepare Combined Advanced Directives for Health Care as part of our overall estate planning strategy with clients in preparing their Last Will and Testaments and Durable Power of Attorneys.
If you would like for this firm to review your Living Will, please click this LINK to our client resources page for the Living Will Questionnaire. We ask that you complete this questionnaire and bring it with you to your appointment.
Below are some of the more common questions client's ask us in preparing or administering Combined Advanced Directives for Health Care/Living Wills:
What Is A Combined Advanced Directive For Health Care/Living Will?
Why Have An Advanced Directive for Health Care?
In case you ever become incapacitated, it is important that someone has the legal authority to communicate your wishes concerning medical treatment. This is true especially if you were to disagree with family members or they were to disagree among themselves about your treatment. By executing an Advanced Directive for Health Care/Living Will you ensure that the directions that you have given your Agent will be carried out in the event of such disagreement.
Whom Should I Appoint As My Agent?
Since your Agent is going to have the authority to make medical decisions for you in the event you are unable to make such decisions yourself, it should be a family member or friend that you trust who will follow your wishes. Before executing an Advanced Directive for Health Care, you should talk to teh person whom you want to name as your Agent about your wishes concerning medical decisions, especially life-sustaining treatment.
When Does An Advanced Directive For Health Care Take Effect?
An advanced directive for health care takes effect only when you require medical treatment and you are unable to communicate your wishes concerning your treatment.
What If I Regain The Ability To Communicate My Own Decisions?
If you become able to express your wishes at anytime, you will be listened to and the Combined Advanced Directive for Health Care/Living Will will have no effect.
Who Should Have A Copy Of My Combined Advanced Directive For Health Care/Living Will?
Your Agent should have the original document. You should have a copy and your physician should have a copy with your medical records. We also retain a copy in our file in the event all the other documents are misplaced.
I Am A Concerned Family Member And I Have a Relative Who I Believe Is Unable To Make Health Care Decisions for Him or Herself. Can My Relative Execute A Combined Advanced Directive For Health Care/Living Will?
If you believe your relative is unable to make decisions for him or herself, he or she may be incapaciated. Only a Court can enter an Order declaring a person incapaciated, and if a person is incapaciated, he or she generally cannot execute a Combined Advanced Directive for Health Care/Living Will. Please click this LINK to our Guardianship section for a further discussion as to guardianships.
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