You have the right to choose who will make health care decisions and manage your financial affairs in the event that you become incapacitated. Ensure your wishes are followed if you are unable to make decisions for yourself with help from advance directive attorneys at Elder Law Lawyers in Lexington, KY.
By stating your healthcare choices in an advance directive, you help your family and physician fully understand your wishes about your medical care. It is important that you work with an experienced Kentucky advance directive law firm, like Elder Law Lawyers, to be certain that your wishes are made known and legally protected. Contact us today to get started or keep reading to learn more.
Advance Directive Attorneys at Elder Law Lawyers in Lexington, KY
The Elder Law Lawyers team knows that an important part of any estate plan is an advance directive that allows you to make critical end-of-life decisions about your personal healthcare. This is crucial in the event you become incapacitated, as you may not be able to verbalize your wishes. An advance directive is a way to put those wishes on record for your family, heirs, and healthcare provider.
There Are Two Main Types of Advance Directives
The first type of advance directive is when a healthcare power of attorney lets you name someone to make treatment decisions for you when you can’t speak for yourself. This person is called an agent, healthcare surrogate, or healthcare proxy. The second type is a living will that tells your family and your doctor what treatment you want to receive as you near the end of your life and can no longer speak for yourself.
In your advance directive, you may state your preferences, including where you want to receive treatment, your values, and any other specific instructions to your agent. Advance directives are designed for use only in the event of incapacitation. As long as you are capable of making and expressing decisions, your advance directive will not dictate your actions or influence aspects of your life. Reach out to our team to start setting up your documentation or to learn more.
Your Advance Directive FAQs
Unless limited, an advance directive gives your agent very broad authority to make all health care decisions for you, including:
- Consenting or refusing to consent to any care, treatment, service, or procedure to maintain, diagnose, or otherwise affect a physical or mental condition
- Selecting or discharging healthcare providers or institutions
- Approving or disapproving diagnostic tests, surgical procedures, and programs of medication
- Directing the provision, withholding, or withdrawal of artificial nutrition and hydration and all other forms of healthcare, including pulmonary resuscitation
- Making anatomical gifts, authorizing an autopsy, and directing the disposition of remains
Whether or not you feel comfortable discussing these matters with your heirs and loved ones, the Elder Law Lawyers team is here to help you assess your options with compassionate, judgment-free support. Contact us today to request your no-obligation consultation.
Deciding who to appoint as your agent in your advance directive can be challenging. Consider appointing someone you trust, who lives near you, and who is willing and able to take on this responsibility. You will want someone who has the time and energy to be available to make these decisions.
It is important for you to discuss the specifics of your advance directive with the person you want to appoint as your agent so that they understand your wishes and can tell you whether they are willing to take on this very important role for you. You should give copies of your advance directive to your agent, your family members, your physician, and any healthcare providers or institutions.
To learn more about advance directives and to begin putting yours together, contact us at Elder Law Lawyers today.
In your advance directive, you may limit your agent’s authority to make decisions for you by stating your wishes.
Some specific examples of limitations include:
- If you do not want your life prolonged when treatment is futile
- If you do not wish to receive food and fluids artificially, regardless of your condition
- You may also state under what circumstances you do not want treatment, even to alleviate pain or discomfort
- You may also convey your instructions regarding organ or tissue donations in the event of your death
Contact Elder Law Lawyers today to discuss specifics and the best options to suit your circumstances.
In your advance directive, you may state your preferences, including:
- Specifying where you want to receive treatment
- Denoting your values
- Naming a person of your choice to make healthcare choices for you if you cannot make the choices for yourself (often called an “agent”)
- Setting out specific instructions for your agent
- Preventing specific individuals from making healthcare decisions for you
Advance directives are only to be used if you become incapacitated. For as long as you can decide things and express your decisions, your advance directive will not control your actions or determine parts of your life.
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Setting up a legally backed plan for your late-in-life medical care is one of the most beneficial things you can do for yourself and for your family. An advance directive offers peace of mind for both parties and helps you preserve a strong sense of human dignity, giving you a voice in a future circumstance where you may not have one.
Leaving things up to chance, misinterpretation, or unusual circumstances can put your wishes in question or in jeopardy of being disregarded, even when someone has the best intentions for you. Contact our experienced legal team today for a no-obligation consultation where you can discuss specific concerns and learn more about your options.