What You Should Know About Advanced Medical Directives

There are often times when it’s impossible for a person to make medical decisions on their own. When someone is incapacitated or very ill, they may not be able to let doctors know how they feel or what they’d like to happen. In these instances, an advanced medical directive can serve as their voice. It lets physicians and other medical personnel know exactly what the person wants for their care.

An advanced directive is a legal document established while someone is still able to make medical decisions. It dictates what should or should not be done if you are unable to communicate or incapacitated. Family members can make decisions for your care if you are unable to communicate that may not align with your interests. An advanced medical directive provides instructions for everyone to follow. These are free to create unless you’d like assistance from an attorney and will remain in effect until they are changed or revoked.

What Happens if You Don’t Have an Advanced Medical Directive?

Someone else can make medical decisions on your behalf if you are hospitalized and can’t advocate for yourself. Your spouse is the first in line to make decisions. Other relatives can make the decisions on your behalf if you aren’t married. The courts will decide in situations where there is a disagreement. The courts can also make a decision if you do not have anyone to make them for you.

An advanced medical directive allows you to choose who can make these decisions. Designating someone is important if you do not trust that your wishes will be followed otherwise. The directive can state who can make medical decisions that aren’t covered by it. It can also state what you would like to happen in certain situations. There are various types of medical directives to cover a variety of circumstances, and you’ll be able to be as specific as you’d like when creating it.

Types of Advanced Medical Directives

Numerous types of advanced medical directives exist, allowing you to specify the exact care you’d prefer in emergency situations or if you are no longer able to communicate your wishes with medical personnel. You may create more than one directive, depending on your situation and desires. The following are some of the types you may consider.

• Medical Power of Attorney – This allows you to name a specific person as someone who can make medical decisions for you if you can’t make them on your own. It is only effective while you cannot make the decisions.
• Do-Not-Resuscitate – This tells emergency medical providers that you do not want to be resuscitated and would like to be allowed to die. With a DNR, they can still stabilize you and provide care to reduce pain until you are transferred to a hospital or other facility. This one does need to be certified through a physician.
• Directive to Physicians and Family – This specifies the medical care you’d like to receive or avoid if you have a terminal or irreversible medical condition.
• Declaration of Mental Health Treatment – This can enable a court to determine if you are incapacitated and whether you consent to specific therapies or medications during that time. This one does expire after three years.

Is an Advanced Directive a Guarantee That What You Want Will Happen?

Advanced directives are recognized as legal documents. That is different from legally binding. There is no guarantee that the instructions will be followed. Physicians do try to respect directives whenever it is possible. There may be situations when they are unable to do so. When it is unclear what you may want, for instance, they may have to make decisions on your behalf. There are also instances when the healthcare provider may refuse to follow an advanced medical directive. This can happen if it goes against their policies or healthcare standards. The best way to handle this ahead of time is by talking to your family or anyone who may need to make decisions for you. Let them know what you may want if there is a medical emergency or you need treatment but can’t communicate.

How to Create an Advanced Medical Directive

Creating an advanced medical directive isn’t hard. It does require a lot of thought before getting started. Covering as much as possible in it allows you to minimize ambiguity. Provide as much information as possible for treating physicians to use in an emergency. Follow the steps below to make sure you have everything covered when you create the documents.

• Think About What You Want – If you are unable to communicate, how would you like your medical care handled? Think about different situations that can happen. Consider whether you’d want to be resuscitated if it’s necessary to save your life. Know what you’d like to happen in other situations, too.
• Talk to Your Physician – Schedule a visit with your physician to make sure you have as much information as possible about the options available to you and to get answers to any questions you may have about your medical care or future medical needs.
• Choose Someone to Make Decisions – Select someone that you trust to make the right medical decisions for you if you’re unable to make them on your own. You will want to talk to them about anything they need to know to help make decisions.
• Fill Out Documents – Fill out the documents for any advanced medical directives you would like or think you may need. You do not need to fill out one for each type if it may not apply to your life.
• Share the Documents – Keep the originals, but provide copies to anyone who may need them. This can include family members, your physician, a lawyer, and others.
• Talk to Loved Ones – Talk to your loved ones about your decisions and what care you’d like to receive. Even though it’s written in the advanced medical directives, those can’t cover any situation. By talking with loved ones, they can not only understand what you want but will know what to do if something happens that isn’t covered in a directive.
• Update Documents as Needed – Don’t forget to update the documents as needed. If any of your decisions change or you’d like to make changes to who can make decisions on your behalf, update the documents right away and notify anyone involved.

Do You Need a Lawyer for an Advanced Medical Directive?

It is not required for anyone to hire a lawyer specifically to create an advanced medical directive. Often, medical directives are created while the person is planning for their estate in case anything happens to them. Working with a lawyer to create a will and other estate planning documents can be a great way to make sure your wishes are followed if you can’t communicate or you pass away. While you’re working with the local estate planning attorney, it’s a good idea to create the advanced medical directives that you may desire. They can keep a copy of the advanced medical directives in case they are needed in the future.

What to Do With the Directive

Keep the original copy of any advanced medical directives you create. It’s a good idea to provide copies to your physician so they can keep them in your file. These can be accessed as needed if you require medical care. It is also recommended to give a copy to your attorney if you have one and to the person you name in the documents as being able to make the medical decisions on your behalf. By providing copies where they may be needed, you can increase the chance that you will receive the care you desire if anything happens.

Revoking the Medical Directive

An advanced directive is free to create, and forms can be found online. It is a good idea to make sure you consult with an estate planning attorney to review the documents before signing so you fully understand what you are signing and how it can be revoked if needed. In most cases, you must be considered legally competent to create the advanced medical directive. However, this is not the case if you’d like to revoke it. It can be revoked at any time, in most cases, and you can change your mind with regard to your care. Speaking with an attorney can help you determine when it’s possible to revoke the directives and what will happen if it is revoked.

Taking charge of your medical care is vital. It allows you to make decisions that align with your wishes as well as your cultural, religious, and moral beliefs. If you’re worried about the decisions that could be made on your behalf if you are incapacitated or unable to communicate, an advanced medical directive may be the answer. They allow you to inform others of your wishes, giving you the opportunity to request the medical care you want if you can’t communicate at the time. Talk to an attorney about these and other estate planning documents today to make sure you have a voice in how your medical care will be handled.

Disclaimer:

Ruelas Andino Law, PLLC makes no claims as to the accuracy of the information contained within the external links in this blog article nor does it endorse any of the businesses contained in the links. Information contained in this blog is for informational purposes only and may not be construed as legal advice.