Having the right documents in place in the event of your incapacitation, is an important step in avoiding confusion with regard to your health care wishes.
While the idea of planning for your incapacitation make seem uncomfortable, it is absolutely necessary in order to avoid a much more severe situation, someone making the wrong decision for you. That is why putting your health care wishes in writing is so important. When properly executed, your health care directives protect you from receiving health care treatment that you might otherwise not agree to except for your incapacity.
The first step in documenting your health care wishes, is a document often referred to as a living will. This is basically a statement of what kind of care you want or would refuse in the event that you become incapacitated. Don't be fooled by the name. A living will has nothing to do with a last will and testament or a living trust. The purpose of the living will is executed solely to ensure your health care wishes are carried out.
What goes into your living will is completely up to you. With the help of an estate planning attorney, you may decide to provide a very specific living will or one that is very general. This will ultimately depend on your desires with regard to health care. If there is any question in your mind about a particular treatment, it is usually better to include some provision regarding that treatment in your living will.
The second aspect to planning health care planning is setting up a power of attorney for health care. This legal instrument allows you to appoint another individual to make medical decisions on your behalf in the event you aren't able to communicate your desires. Choosing the right person for this job is important as they will be making decisions about your health and treatment.
Most of the time, these two documents will operate automatically when a decision about your incapacity has been reached. This will usually occur when a doctor determines that you are unable to make decisions or properly communicate your desires regarding your treatment. In the event that there is a question as to your incapacity, someone will make a determination. There may even be a hearing in front of a judge in order to make this finding.
If your health care documents go into effect, you will still be able to override them or your agent if you are still able. Your ability to make decisions on your own behalf always trumps anything placed in the documents. Even when you are unable to make and/or communicate your interests, your agent must always try to effectuate your best interests and desires.
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Having these documents prepared by a NC Power of Attorney Lawyer , before you become ill, shows that you care for your family and do not wish to make a difficult time any more difficult. Find out more about NC Living Will and Powers of Attorney today.
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