Documents On Your Behalf: Living Will And Power Of Attorney
Planning for your incapacity is the only way to ensure that your health care wishes are followed in the event that you can’t speak for yourself.
Without properly documenting your health care wishes, you may find yourself in a situation in which a doctor, judge, or long-lost family member may be making health care decisions on your behalf. All too often, these decisions are made by people who really don’t know what the patient would have preferred had they the ability to speak for themselves.
The first step in documenting your health care wishes, is a document often referred to as a living will. This is basically a statement of what kind of care you want or would refuse in the event that you become incapacitated. Don’t be fooled by the name. A living will has nothing to do with a last will and testament or a living trust. The purpose of the living will is executed solely to ensure your health care wishes are carried out.
It is up to you to decide what is included or omitted from your living will. This is vary greatly from person to person. Some individuals will decide to outline very specific and extensive instructions. Others will set forth general guidelines about the types of treatment that they are willing and unwilling to undergo. Either way, it is important to discuss these options with an estate planning legal professional.
The next part of planning for your incapacity is executing a document known as a health care power of attorney. Again, this document may go by another name in your state. The purpose of this document is to establish another person to act as your agent with regard to health care decisions. This person will ensure that your wishes are carried out in the event that you are unable to make the decision for yourself.
Usually, these documents go into effect at the point you are determined to be incapacitated. Typically, this means that your are too ill or injured to communicate your wishes regarding your health care or treatment. In some situations, when there is a question regarding your ability to make decisions about your treatment, your doctor or family members will have to decide whether to invoke the documents.
After the documents go into effect, if you are able, you can still override any decisions made at any time. In other words, if you are temporarily incapacitated and the documents go into effect, as soon as you are able, you can override any decisions made while they were active. They never work against your expressed will or desires.
Having these documents prepared by a NC Power of Attorney Lawyer, before you become ill, shows that you care for your family and do not wish to make a difficult time any more difficult. Find out more about NC Living Wills and Power of Attorney today.
