Planning for your future provides a legacy to leave behind for your loved ones, but it’s also important to prepare for the possibility of incapacity during your lifetime. The benefit of establishing a living will and health care directive provides direction to your loved ones on your wishes. It can also help avoid complex and drawn-out conservatorship litigation that could result in the event of a dispute. Courts are bound to now consider your wishes contained in these documents and by statute are not allowed to appoint a conservator over those wishes unless the instrument is provably shown to not be working suitably for the individual

Give Peace of Mind to Your Loved Ones

Advanced care planning is a process for setting goals and plans to respect your medical care and treatments. You can start this process at any point in your life regardless of your current health state. Over time, an advance directive can be revised as your health status changes. 

What is Included in a Health Care Directive?

A Health Care Directive is a general term for any document in which you provide instructions about your end-of-life decisions and frequently appoint an individual to make medical decisions for you if you are no longer able to make them yourself. A Health Care directive does not include directions as to the taking of your life but rather states your desire, which is binding on courts that your life is not unreasonably prolonged in the event that you are deemed terminally ill, or in a persistent vegetative state.

Drafting a living will is a type of advance directive in which you can state your wishes about future care and medical treatment you wish and do not wish to receive. You may also appoint a power of attorney to make medical treatment decisions for you in the event that you cannot make them for yourself. This person is called your agent or proxy. In so doing, you can establish your wishes regarding medical treatment that you may or may not wish to receive which can be critical to your future care. This includes “Physicians Orders for Life-Sustaining Treatment” (POLST) also referred to as terms such as, “Medical Orders for Life-Sustaining Treatment” (MOLST), or “Provider Orders for Scope of Treatment” (POST).

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For experienced, dedicated legal guidance in probate law, contact us at (203) 380-1743. We offer free initial consultations for prospective clients. Evening and weekend appointments are available for your convenience.