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Advance Healthcare Directive: How to Do it Right

Advance healthcare directive and family unityAdvance healthcare directive is an incredibly useful document. Having one means you can specify how you would like to receive healthcare at the end of your life or during incapacity. Not only can you state your preferences and ensure your wishes are met and respected, but you can also prevent a disruption in your family caused by grief, guilt and stress . However, if you do decide to get your AHCD, you would want to do it right. Choose the best person to be your attorney-in-fact (or proxy), present your wishes clearly and consider the points we have laid out in this article.

Don’t put off your advance healthcare directive

We don’t tend to plan for our illness and end-of-life care when we are in our mid-thirties, or even in our fifties. There is a general misconception that advance healthcare directive is something for those over 60 to consider. Unfortunately, illness, incapacitation and even death are not reserved for seniors. Poor health can befall us at any moment. Look at it from this point: having such a document in place right now, you are saving your closest and most loved ones from unnecessary stress pertaining to medical decisions about your care. Making arrangements for your AHCD is typically more difficult if you are already sick. And you should also take into account that what you outline in AHCD is not set in stone forever, i.e. if you want to change some preferences later on, you will be able to make modifications. It is especially important for anyone over eighteen (18) years of age to have an executed advance healthcare directive because upon majority of age, the child’s parents no longer have the right to make these important medical decisions for the new adult.

Name the right person as your healthcare proxy

This is a crucial part of the whole advance planning. Typical choices include spouses and children, but you should devote more thought to this matter. This person will be your advocate if you cannot speak for yourself, so the things you’d like to consider are similar to those when you are choosing the agent for your financial power of attorney. Here are some questions to answer:

  • Will this person be able to carry out your wishes despite their grief?
  • Will they be able to carry out your wishes in spite of the pressure from the doctors and family members?
  • Is this person supportive of your wishes?
  • Will this person be willing and able to represent you in the present as well as in the future?

An important note here is that it’s probably advisable to have a second proxy in the line, in case the first proxy is unable to represent you for whatever reason.

Don’t treat your advance healthcare directive as a form only

Yes, this document is a form, but it’s not only a form with boxes to check and gaps to fill out. Look at it more as a reason to have a discussion about your values and beliefs with your healthcare proxy and your family. Doing it that way will ensure your loved ones hear and hopefully understand your stance on what kind of medical care you’d like if you’re not able to express your wishes yourself. An honest conversation should make things clearer and, again hopefully, mitigate grief and guilt among family members.

Share your advance healthcare directive with your family

This ties in to the previous point. Quite often people do not communicate to their family what their AHCD contains. The majority agrees it is something important to talk about, but only a small percentage actually brings it up to their loved ones. If the time really comes for medical decisions to be made in your name, it will be stressful and difficult for your family members to support your wishes if they first hear about them at that moment. It is advisable to arrange a dedicated time to discuss this matter with all the important people closest around you. If you do it at one time with everyone who matters to you, they will all hear the same information. You could and should also give them a copy of the document to look at and discuss their concerns.

Keep your advance healthcare directive handy

Your AHCD isn’t just any document and you should not expect that it should be kept in your lawyer’s office. Emergencies can strike at any time. Some advice says you should keep one copy on the fridge and in the glove compartment. Your healthcare proxy should also keep it handy. Your primary care physician should be given a copy, which can be included in your medical record.

Review and revisit your advance healthcare directive from time to time

Life is unpredictable, that is why executing an advance healthcare directive in the first place is imperative. However, as we’ve already written you could change your mind in the course of years. It is a very good idea to review your AHCD at intervals to ensure it really does reflect your current wishes about how you would like to be medically cared for in the future. If there are big changes and developments in your life or in connection to your health, they should prompt you to go back to your AHCD. A rule of thumb is that you should revisit the document every two years.

Get professional help when making your advance healthcare directive

Obtaining the help of an experienced and knowledgeable San Diego estate planning lawyer is invaluable to getting your AHCD done the right way. If you have thought about getting the forms online, consider our post on why you are not advised to get power of attorney online – same applies. The law offices of Irina Sherbak are at your disposal for a free 30-min consultation. We would love to address your concerns and questions, just call 858-208-8900 or send us a message.

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