Health Care Proxy and Living Will
Essential Tools for Your Medical Decision-Making
By Daniel Khaldarov
When thinking about estate planning, many people immediately focus on finances—how assets will be distributed, who will inherit what, and tax implications. While these are crucial considerations, there’s another aspect of planning that’s just as important: making sure your healthcare wishes are respected if you’re unable to communicate them. That’s where health care proxies and living wills come in. These documents are vital tools that ensure your medical treatment preferences are honored during times when you may not be able to speak for yourself.
What Is a Health Care Proxy?
A health care proxy is a legal document that allows you to appoint someone you trust to make medical decisions on your behalf if you’re incapacitated. This person, often referred to as your “healthcare agent” or “proxy,” steps in when you’re unable to make decisions yourself due to illness, injury, or incapacity.
Key points about healthcare proxies:
- Choosing a proxy: Your healthcare agent should be someone you trust implicitly, as they’ll have the power to make critical decisions about your care. This person could be a family member, a close friend, or even a professional advisor, but make sure they understand your values and wishes regarding medical treatment.
- When it comes into effect: A health care proxy only becomes active if and when you are deemed unable to make your own medical decisions. As long as you’re capable of understanding and communicating, you remain in control of your healthcare choices.
- Broad or specific authority: You can grant your healthcare agent broad decision-making powers or limit their authority to certain treatments or circumstances. For instance, you may want to give them full control over medical decisions or just specify that they can make decisions related to end-of-life care.
What Is a Living Will?
A living will is a written document that outlines your preferences for medical treatment in the event you become incapacitated and cannot communicate your wishes. While a health care proxy designates someone to make decisions on your behalf, a living will acts as a guide for what treatments you do or do not want under specific circumstances.
Key aspects of a living will:
- End-of-life decisions: Living wills are most commonly associated with end-of-life care, such as whether or not you want to receive life-sustaining treatment like mechanical ventilation, resuscitation (CPR), or feeding tubes if you’re terminally ill or permanently unconscious.
- Clarity on your wishes: A living will removes the guesswork for your loved ones and medical providers, providing clear instructions that reflect your preferences about treatments that could extend your life in cases where recovery isn’t likely.
- Complements a health care proxy: While a living will offers specific instructions, a health care proxy provides a trusted person to interpret those instructions or make decisions in scenarios not covered by the living will.
How to Set Up a Health Care Proxy and Living Will
Discuss your wishes: Have a conversation with your loved ones and potential healthcare agent about your values and preferences regarding medical treatment, especially in serious health scenarios.
Choose your healthcare agent: Select a person you trust who understands your wishes and is willing to take on this responsibility.
Draft the documents: You can work with an estate planning attorney to ensure your health care proxy and living will comply with state laws and reflect your preferences.
Review regularly: Life circumstances change, and so may your healthcare preferences. It’s a good idea to review these documents periodically and update them if necessary.
Contact the Law Office of Daniel Khaldarov Today
Preparing a health care proxy and living will ensures that your medical treatment preferences are respected when you’re unable to communicate. These documents are essential parts of a comprehensive estate plan and offer peace of mind to both you and your loved ones. By taking the time to put these tools in place, you help protect your autonomy and relieve your family from the burden of making difficult decisions during an already stressful time.
If you need assistance drafting or updating your health care proxy and living will, feel free to reach out to the Law Office of Daniel Khaldarov. Planning for the future is crucial to ensuring peace of mind for you and your loved ones.
