The most certain thing in every person’s life is that it will eventually end. In many circumstances, death is preceded by severe illness, leaving an individual incapable of making medical decisions for themselves. One of the best gifts you can give your family and friends is having a plan for when you cannot speak for yourself.
Karen Quinlan, Nancy Ann Cruzan, and Terri Schiavo each found themselves in serious medical situations where they could not advocate for themselves. As a result, their families fought extensive and very public legal battles to establish who should be making medical decisions, and what those decisions should be. Instead of forcing your loved ones to fight a lengthy legal battle, make a plan now and save them the strife.
The best way to plan for your incapacity is by creating an Advance Medical Directive (AMD) that contains two critical components.
First, it should contain a Living Will. In a Living Will, you are able to identify which medical treatments you permit and which you prohibit. For example, if your doctor diagnoses you with a terminal condition and your death is imminent, do you want life support to be withdrawn, or do you want maximum treatment to be continued? This is also the place to indicate “Do Not Resuscitate” orders, and other directions such as organ donation, medical research, and burial instructions.
Second, it should appoint a Health Care Agent (HCA) to make medical decisions. This will avoid a lawsuit over who gets to make medical decisions. An HCA cannot act in a manner contrary to the Living Will, only in accordance with it. The Living Will can contain principles which the HCA must follow when making specific decisions about treatment, procedures, and potentially burial instructions.
An AMD is extremely important for those approaching the end of their life, but is also wise to have at all stages of life. Parents can make decisions on behalf of minor children, but once they turn 18, they do not legally have the authority (without a petition to the court) to make decisions for them unless they have an AMD.
Additionally, AMDs are extremely important for those who have complicated familial relationships. When there are complicated dynamics, individuals may not want a spouse, child, or parent to be their HCA. They may opt to have a cousin, grandparent, or close friend make decisions for them. This is especially the case if they are going through a separation or divorce and do not want their ex-spouse to be the one making these decisions.
AMDs, although often overlooked, can save your loved ones the time and stress of petitioning the court for the ability to make medical decisions for you if you become incapacitated, and give you the peace of mind knowing that you get to choose who will act as your HCA, following your directions for the treatment that you want if you cannot speak for yourself.
If you have questions or are interested in getting help with creating an Advance Medical Directive, please contact our office.