Medical directives are one of the most important estate planning documents you can create. It outlines what your healthcare preferences are in the event you are incapacitated and cannot make decisions for yourself. These directives ensure your loved ones are spared from making difficult decisions alone without your consent. If you are interested in starting the process of creating one, a Chandler medical directives lawyer can help guide you through the process from start to finish.
At CDM Law Firm, we understand how important it is to have clear medical directives in place. To help our clients achieve this, our team of experienced attorneys can work closely with you to craft personalized documents that reflect the most common areas where a medical directive is necessary, such as what type of life-sustaining treatment you would prefer or what your opinion is on organ donation. This can help provide the peace of mind and legal assurance you need.
When you sit down with your attorney to start planning for unexpected medical situations, there are several key directives that allow you to document your healthcare preferences. These directives will help your family and the healthcare staff feel confident that regardless of your inability to make a decision in the moment, your wishes will be respected.
Some of the most common medical directives you should consider include:
A living will is one of the most foundational medical directives. It outlines your preferences for life-sustaining treatments in the event you are in a terminal condition or have become permanently unconscious. When you meet with your attorney to create a living will, you need to be prepared to make care decisions on medical ventilation, resuscitation, and how long you want to be on life support.
A durable power of attorney specific to healthcare is selecting a person to make medical decisions for you when needed. People typically select a trusted family member or friend to take on this very consequential role. If the time ever comes, this individual will have the legal authority to speak with your doctors to ensure that your medical preferences are respected. This applies to both terminal and non-terminal conditions.
When someone has a “Do not resuscitate” order as part of their medical directives, it means they do not want CPR or any other life-saving measures if their heart stops or they stop breathing. These orders are typically completed with an attorney and your doctor. They are kept on file at medical facilities so that healthcare providers can quickly locate your preference on this subject if needed.
Another critical medical decision you can make in advance is regarding organ and tissue donation. This directive specifies if you would like to donate any of your organs or tissues to another individual in need after you pass away. This could potentially save or improve the quality of life for someone else who is relying on this type of generosity. Having this documentation in place can prevent delays during these time-sensitive moments.
Pain management directives give you the ability to specify exactly how you would like healthcare providers to manage your pain if you become seriously ill or injured. You can be as specific as you would like, such as outlining your preferences for strong narcotics and alternative therapies or simply requesting to avoid all pain management interventions. This is an important directive for those with unique sensitivities or those with strong personal or cultural beliefs.
If the time were to ever come when you cannot articulate specific medical decisions live in the moment, having medical directives laid out in advance can help guide the medical teams and your loved ones. Whenever someone becomes incapacitated, a healthcare provider is legally obligated to follow the instructions within the directive to ensure wishes are respected, which significantly alleviates confusion in these moments.
A living will and durable power of attorney are the two primary types of advance directives one can create with a medical directives lawyer. A living will outlines what specific treatment you would want, while a durable power of attorney is a hand-selected individual who will make decisions on your behalf. When these two items are coupled, an individual’s medical decisions are safeguarded, with their preferences and personal representative being clearly documented.
If someone has become incapacitated without having their medical directives documented in Chandler, AZ, the responsibility to make these decisions will generally fall to close family members like a spouse, parent, or child. If there are no suitable loved ones close to the individual, Arizona courts may need to appoint a legal guardian to make these decisions. This can add a significant amount of stress to your surviving family and friends, which is why it’s advised to make medical directives.
There is no legal requirement in Arizona for advance directives to be notarized. However, these estate planning documents must be signed by the individual who created them in the presence of at least one adult who is not a relative or heir. If the individual wants, they are welcome to have the document notarized, which can make some people more comfortable having this extra layer of validity in place.
Planning for your future healthcare needs is arguably one of the most important steps you can take in the estate planning process. It can not only protect your well-being in the future but also provide much-needed relief to your family and friends if you were to be struck with a tragic illness or injury. To ensure you set these documents up properly, contact us today at CDM Law Firm. We can help you put a plan together that meets your unique healthcare wishes.