Advance Healthcare Directive is a legal document which leaves specific medical orders what actions are to be taken if the person is unable to make these decisions later on. This is actually an umbrella term for a few types of legal documents. The most common type is the living will, wherein the person leaves directives with regard to what is to be done when they are no longer capable of making healthcare decisions on their own. Another type is the healthcare proxy, which enables someone else to make the decisions in the case of the incapacitation of the signer of the document. Finally, there’s the power of attorney, which includes, but is not limited to medical decisions.

Most of us do not think about such things in advance; however, sudden illnesses are not so uncommon, even in seemingly healthy individuals. Therefore, it is advisable to familiarize yourself with the concept of an advance healthcare directive and how to go about it. Here are a few informative points about the topic.

Testamentary capacity

The ability of a person to make an advance healthcare directive is determined by the testamentary capacity, i.e. the ability of the person to rationally decide about their future. Adults are assumed to have this testamentary capacity, and it can only be denied if the creator of the document suffered from senility, dementia or insanity.

Why do people make a living will?

Modern healthcare has certainly brought us great many benefits, with prolonged life, cures for many illnesses and surgery methods which save lives that might have otherwise been lost. Sadly, there is the other side of it all. Life can be prolonged even to the patients who do not want it, such as people who are in great pain (physical or emotional), people who are in a deep coma, etc. In these cases, prolonging their life, although possible, may not be desirable. This document enables the patient to leave strict and precise instructions what is to be done with them in specific situations. Depending on the state (or country) you live in, this document may be legally binding, or just legally relevant.

So does the living will mean ‘do not treat’?

Not necessarily. The author of the document may ask not to be treated in certain situations. But this document details what is not to be done with them as well as what is to be done. If the person wishes to be kept alive artificially, they can specify that as well.

Naming a healthcare proxy

A healthcare proxy is another kind of advance healthcare directive. It’s different from the living will because the medical decisions are not taken from the strict guidelines set beforehand. Rather, the decision making is delegated to another person. In the event of incapacitation of the signer, the proxy gains complete control over the medical decisions, including the power to terminate life support. Naming a proxy is never an easy task, since it involves a lot of personal and logical thinking. The most common practice is a close family member, such as a spouse or a child for elderly people and a parent for younger individuals. Some people chose close friends or even medical or legal professionals. As long as the signer’s testamentary capacity is intact, the document is legally binding.

Why do people get a medical proxy?

Similarly to getting a living will, being kept alive might not be the best option for some people. The advantage of a medical proxy is that if the situation changes; or something unexpected happens, the decision can be changed. Since the person making the decision is conscious, they can see the change and act accordingly.

Durable power of attorney

Power of attorney or POA is a type of legal document similar to a medical proxy. It grants the benefactor control over financial, legal and medical decisions of the grantor. In differs from the medical proxy in the scope of rights it gives to the benefactor, including financial and legal rights, not just medical ones. For more information on power of attorney, contact a trusted legal professional.

It is incredibly useful to have some form of a legal document which regulates what happens to a person if they are unable to make medical decisions for themselves. This doesn’t necessarily apply only to elderly people; young individuals may suffer the same illnesses or accidents. To prevent disputes and possible needless expenses, it makes sense to create an advance healthcare directive while the testamentary capacity of the signer is unhindered. If you are interested in finding out more about these subjects or you want to create a healthcare directive of your own, don’t hesitate to contact the Law Offices of Irina Sherbak.