Advance Directive

Pennsylvania Advance Directive Attorney

Advance Directives are essential to a comprehensive estate and/or elder law plan. A properly executed Advance Directive allows an individual to communicate their healthcare preferences ahead of any incapacitation, thus providing clarity and reducing potential family confusion and stress. 

What is an Advance Directive?

An advance directive, or healthcare power of attorney, is part of every estate plan we provide to clients. It is a legal document that specifies your future medical care preferences and designates a person (agent) to make decisions on your behalf if you become unable to communicate those wishes due to serious illness or injury. 

Advance Directives typically include a living will, which specifies the types of medical treatments you do or do not want, such as resuscitation, mechanical ventilation, feeding tubes, or palliative care. They also include a durable power of attorney for healthcare, which appoints a trusted individual as an agent or healthcare proxy. This agent is able to make medical decisions on your behalf, if you are unable to do so.

Care should be taken in selecting an agent, as they will have legal authorization to make all healthcare decisions on your behalf. Often, a spouse or other close family member is selected, as they typically know you and your wishes.

Why You Need Advance Directives

Advance Directives are important for people of any age - not just the elderly or seriously ill. Life is unpredictable, and it is advisable for every adult to have documents in place to protect their preferences.

Advanced Directives offer:

• Control Over Your Care: Make decisions now about treatments you would or would not want.
• Relief For Loved Ones: Prevents family members from having to make difficult choices during emotional times.
• Legal Clarity: Reduces the risk of disputes or confusion among caregivers and medical professionals.
• Integration With Estate Planning: Aligns with your broader goals for asset protection, elder law considerations, and legacy planning.

Types of Advance Directives

Advance Directives can be relatively simple, or they can include very specific details about medical treatments and healthcare preferences. Because they are legal documents, they are enforceable by law and require witnesses and notarization. Elements of an Advance Directive include:

Healthcare Power of Attorney

A durable healthcare power of attorney is a legal tool that appoints a trusted individual as an agent or healthcare proxy. This agent is able to make medical decisions on your behalf, if you are unable to do so. It is referred to as “durable” because it remains in effect through an individual’s incapacitation. This quality is its benefit - it allows a trusted proxy to act on your behalf, according to your wishes, if you cannot do so yourself. Many people choose their spouse or another close adult family member to serve as their healthcare agent.

Living Will

A Living Will specifies the types of medical treatments you do or do not want, should you become incapacitated or unable to communicate your preferences. Treatments can include resuscitation, mechanical ventilation, feeding tubes, dialysis, pain management and palliative care, and donation of body or organs to science. A Living Will can also address Do Not Resuscitate (DNR) orders.

While these issues are hard to imagine or consider, we encourage clients to think about what they would truly want in this terrible situation. Having a legally binding document drafted ahead of time ensures their agent only needs to verify their wishes - they will not have to make difficult decisions on their own, while they are most likely already distressed.

How Our Advance Directive Attorneys Can Help

Our compassionate estate planning and elder law teams can help guide you through crafting a comprehensive and effective Advance Directive, as part of your complete estate plan. We can guide you through the issues and ensure your document is complete and truly legally binding.

Important considerations include understanding your options for medical care and treatment preferences, choosing an appropriate healthcare proxy or agent, ensuring your documents meet state-specific legal requirements, and integrating your Advance Directive with your other estate plan documents including your Will, any trusts, and your elder law strategies.

Safeguard Your Future With Guidance From a Pennsylvania Advance Directive Attorney

Advance Directives can be a sensitive issue for clients, and we are here to help with this important decision and document. Our experienced and caring team will listen to your specific situation, incorporating your wishes into an appropriate and complete legal document that will complement your estate and legacy planning.

Please contact us today to schedule a consultation and learn more about how an Advance Directive can fit into your estate plan.

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