Can I Have a Living Will and a Health Care Proxy?
We all value our ability to make choices and determine our outcomes when it comes to financial and health matters. However, there may come a time for each of us when we are unable to make these decisions.
There are things we can each do to ensure that our choices are still honored. For instance, we can establish a living will to ensure that they honor our wishes when it comes to our medical and religious wishes. We can also set up a healthcare proxy so that there is someone designated to make sure our medical wishes can be carried out.
A Living Will
In a living will, your religious choices, spiritual beliefs, healthcare preferences, and anything else related to your care are described in great detail. This document provides a blueprint for your wishes, should they ever be required. It is essentially a written record of how your family and doctors can care for you, when or if the time comes. It often dictates how aggressive you would like to be when it comes to end-of-life care. It is important to think clearly and make sound choices in a living will. It is impossible to address every situation, but you also do not want to prevent yourself from receiving crucial care. Your doctor may be able to assist you with this task.
Some of the procedures that may be covered under a living will include tube feeding, CPR, and mechanical ventilation. Again, it is important to be thorough in your choices and to consult your physician. An experienced elder law attorney will also be able to assist you with this document.
Health Care Proxy
If you are in a situation where you cannot make your own healthcare decisions and you have not designated a proxy, the job will most likely go to one of your relatives. The issue is that they may not understand your wishes or have your best interests at heart. It may not be an issue for you, but some people are not close with their next of kin. If there are two or more relatives involved, doctors may feel the need to get a consensus on treatment, which can cause delays, as well as stress in the family.
For most people, their health care proxy is someone who is close to them. A spouse, a child, a close friend. Appointing more than one can create issues, as every healthcare decision would have to be decided by everyone involved. Most states do not allow more than one person to be designated as a health care proxy for just that reason. An alternate health care proxy may be appointed in cases where the first person designated isn’t available to perform the duties. Whomever you choose, they are bound by law to make decisions based on what they believe you would do. To this end, it is important to discuss your treatment philosophies, religious and spiritual beliefs, and any concerns you have with treatment options when you designate a health care proxy. If you do have a living will be sure to go over it with your health care proxy.
People sometimes think that they are giving up control of their medical treatment through these documents. However, as long as you are able to communicate your preferences, you are the one in charge. Your word supersedes anything you have written or said to others. These documents only go into effect when you are too sick or incapacitated and cannot make decisions. Once you recover from the illness, your word on what you want done again supersedes anything else.
Contact The Mattar Firm
At The Mattar Firm, our experienced estate planning lawyers can guide you through the process of establishing a living will or a health care proxy. Contact our estate planning lawyers now at 239-222-2222.