There may come a time when you are no longer able to make or communicate decisions about your own medical care. In such cases, a healthcare directive ensures that your medical providers and family understand your wishes and can act accordingly. Creating a healthcare directive in advance allows you to take control of your medical treatment, even when you cannot speak for yourself. It’s a powerful tool that protects your dignity, clarifies your wishes, and spares your loved ones from having to make painful decisions in the dark.
What Does a Healthcare Directive Include?
A comprehensive healthcare directive typically includes two components:
- Living Will: This outlines the types of medical treatment you do or do not want in specific situations, particularly if you’re terminally ill or permanently unconscious. You might, for example, choose to decline life-sustaining treatments like resuscitation, ventilators, or feeding tubes. You can also express preferences for palliative care or comfort measures.
- Medical Power of Attorney (Also Called a Durable Power of Attorney for Healthcare): This designates a trusted person—your healthcare proxy—to make medical decisions on your behalf if you are unable to do so. This person works with your doctors and ensures your care aligns with your values and preferences.
When Should You Create a Healthcare Directive?
The best time to create a healthcare directive is while you are still mentally and legally capable of making decisions. Once you lose capacity—due to illness, injury, or cognitive decline—you cannot execute legally binding documents. If your capacity is questionable, your directive could be challenged in court. Acting early ensures your wishes are respected and prevents confusion or disputes later.
Is a Healthcare Directive the Same as a Living Will?
While the terms are often used interchangeably, they are not exactly the same. A living will is one part of a healthcare directive. A healthcare directive or advance directive is a broader term that includes both the living will and the medical power of attorney. No matter the terminology, the purpose is the same: to guide your care if you become unable to speak for yourself.
When Does a Healthcare Directive Take Effect?
A healthcare directive becomes effective when you are incapacitated and unable to make medical decisions for yourself. Your medical team will evaluate your condition and consult your directive. Your family should also provide a copy to your treatment provider at the start of care. Once invoked, doctors and nurses are legally obligated to follow the instructions in your directive. Hospitals may even place a summary of your wishes at your bedside to ensure all care decisions align with your expressed preferences.
What Happens If You Don’t Have a Healthcare Directive?
Without a healthcare directive, decisions about your care may fall to your family—or, worse, to the court. If your loved ones disagree about your care or there is no clear decision-maker, a judge may need to appoint a legal guardian to make choices on your behalf. Guardianship proceedings can be time-consuming, expensive, and emotionally difficult for everyone involved. Family disputes can arise, and the person ultimately appointed may not be the one you would have chosen. You can avoid all of this by preparing a healthcare directive while you’re still able.
Why You Should Avoid DIY Healthcare Directives
While online templates may seem like a quick solution, healthcare directives are legally binding documents—and a single error or omission could invalidate them or create confusion during a medical emergency. You won’t be able to revise your directive once you are incapacitated. Working with an experienced estate planning attorney ensures that your directive is legally sound, accurately reflects your wishes, and is properly coordinated with the rest of your estate plan.
How Can an Estate Planning Lawyer Help?
An estate planning lawyer plays a vital role in crafting a healthcare directive that meets your unique needs. Specifically, an attorney can:
- Review your personal and medical circumstances to recommend the right planning tools.
- Draft customized and legally valid documents that comply with Ohio law.
- Help you choose a trustworthy and capable healthcare proxy.
- Ensure your healthcare directive integrates smoothly with your overall estate plan.
- Minimize the risk of future disputes among family members or healthcare providers.
Working with an attorney is an investment in peace of mind—for both you and your loved ones.
Contact the Madeira Estate Planning Lawyers at Wolterman Law Office
At Wolterman Law Office, our Madeira estate planning lawyers help clients prepare comprehensive healthcare directives as part of their overall estate plans. To get started, schedule a free initial consultation by calling 513-488-1135 or filling out our online contact form. We have offices in Loveland and Blue Ash, Ohio, and we proudly serve clients in Hamilton County, Fairfield, Norwood, and Forest Park.