The Purpose Of Medical Documents In Estate Planning

Contrary to popular belief, estate planning involves more than a financial plan for your assets and property. Proper estate planning also involves creating documents that outline your medical treatment and after-life wishes. This is one reason why estate planning is an important step that everyone should take to protect themselves and their family members, regardless of their income or net worth.

Through estate planning, you can establish what medical care you want to receive in the event you become incapacitated, and choose a trusted person to make medical decisions on your behalf, in case you are unable to decide for yourself. Keep reading to find out:

• The two essential medical documents you need to have in your estate plan, and the role of each of these documents.
• What types of topics or decisions you should address in your living will or discuss with your healthcare power of attorney.
• How often you need to review or update your estate planning documents.

What Is The Purpose Of Medical Documents In Estate Planning?

There are multiple medical documents used in estate planning. The first is an advanced healthcare directive, also referred to as a “living will,” which is a misnomer. This is not a will, but a document that states what you want to happen if you become incapacitated and are not expected to regain consciousness.

For instance, if two doctors certify that your condition is either terminal or not likely to improve, what actions do you want medical providers to take or not take? You could choose to “pull the plug,” meaning that you do not want to be maintained on any kind of nourishment, nor by any machine.

Or, perhaps you prefer to be kept on machines, or you want to be kept alive for a particular number of days. Whatever you decide, it is crucial to have your wishes in an official document to ensure that they are followed.

Another essential document is a medical power of attorney, which names someone to make medical decisions for you on your behalf if you are not able to make those decisions. For example, if you were in a motor vehicle accident, and in order to treat you, your doctors needed to put you into a medically induced coma.

If any additional decisions needed to be made about your treatment, you would not be able to make them. However, the person who you appointed as your medical durable power of attorney would be able to give permission to your doctors on your behalf to perform additional treatment after you were put in the medically induced coma.

How Can I Ensure My Healthcare Wishes Are Respected If I Am Unable To Make Medical Decisions For Myself?

To ensure that your medical treatment wishes are followed, the first step is to appoint a trusted person, often a family member, who will respect and carry out your wishes. That is the job of a healthcare or medical power of attorney.

The other step you can take is to create a living will, which gives your family and close friends assurance about your particular treatment wishes. Having this document helps family members not feel guilt about following your wishes, such as if you request to not be sustained by machines, or to discontinue nutrition or treatment.

What Exactly Is The Role Of A Healthcare Power Of Attorney?

The role of a healthcare power of attorney can be very specific or very general. You can talk with the person holding your healthcare power of attorney about what kind of care you want and be as detailed as you wish.

For example, you may want to discuss whether or not you want to be placed in hospice care. Or, you might want to be transported to a state that authorizes medically assisted dying. Some couples make this decision, and it requires that the dying individual is the one who physically takes the medication of their own accord.

While this is mostly addressed in your living will, you can also discuss end-of-life and after-death decisions with the holder of your medical power of attorney. For instance, do you want to be buried, cremated, or have your body donated to science? Do you want to donate any organs, and if so, who should they be donated to? These are just a few of the topics you can address in your advanced directive or with your healthcare power of attorney.

How Can I Ensure My Healthcare Power Of Attorney Can Access My Medical Records And Make Decisions Consistent With My Wishes?

An advanced directive (also called a living will) or a medical power of attorney are two documents that help you accomplish these objectives. They specifically authorize the holder of your healthcare power of attorney to access your records. Usually, hospitals and doctors are good at recognizing and following these documents, or communicating with their patients’ healthcare powers of attorney.

How Often Should I Review And Update My Medical Documents?

You should review most estate planning documents at least every five years, if there are no life cycle events or serious injuries that need to be considered. Reviewing these documents does not mean you need to change anything, it just means they should be looked over.

You should check that the information in the documents is still your wishes, and that the agents you have chosen, such as your executor or medical power of attorney, are still the right people for the job. Sometimes these decisions change over time, and your estate planning documents should be updated accordingly.

In addition, life events should trigger a review of estate planning and healthcare documents. For instance, if you have a child, get married or divorced, or experience a serious illness, you should review your documents and update them if needed. For more information on the role of a Healthcare Power Of Attorney In An Estate Plan, an initial consultation is your next best step.