What is an advanced healthcare directive?

Reviewed by Kathryn E. Lauterbach, Esq.

Through an advanced healthcare directive, individuals have the ability to plan for their medical care in advance. As individuals grow older, they may want to plan this out for their end-of-life care. If they know how they feel about their end-of-life care, they can record information on how they want to be treated. This can inform someone else of their wishes, causing them to make the right decisions for the sick individual. These individuals have the ability to prepare for situations that can be unforeseen by creating an advance healthcare directive. If the individual with the directive were to become incapacitated and unable to make medical decisions for themselves, their wishes will be recorded in their directive. With this information, doctors and medical professionals can treat patients according to their wishes.

What is an Advance Healthcare Directive?

An advance healthcare directive allows you to establish your end-of-life plans and medication wishes in the event you become incapacitated or otherwise unable to communicate what you want.

One of the primary reasons that people make these advance decisions is to ensure that the medical care they receive aligns with their morals and religious beliefs.

However, you’ll also find that, in the event you are ill or otherwise unwell, these decisions have already been made. This can take a considerable amount of stress and pressure off of your loved ones, as they will know exactly what care you want to receive.

Common Decisions Made in an Advance Healthcare Directive

• Authorize loved ones to obtain medical records in emergency situations
• Indicate whether the document is effective immediately or upon a finding of incapacity
• Set the standard for determining your incapacity
• Communicate your wishes to receive or not receive life-saving care
• Ensure decisions are made in accordance with your beliefs, principles, or religious practices
• Any additional healthcare wishes or concerns

Types of Advance Healthcare Directives in New York

It’s important to understand that healthcare is not one-size-fits-all, and neither are advance healthcare directives. There are several options you can choose, which is why familiarizing yourself with these options is critical.

Healthcare Proxy

A healthcare proxy gives another person the authority to serve as your personal healthcare representative, ultimately making decisions on your behalf. This is also referred to as a healthcare power of attorney or a proxy directive.

Living Will

A living will declares the individual’s wishes for his or her end-of-life care. Some of the things this may include are the choice of organ donation wishes, artificial nutrition, and other life-saving measures.

Combined Directive

A combined directive not only appoints a healthcare proxy, but also dictates your wishes for your medical care.

It’s important to understand that these options all have different legal requirements, and thus you must ensure the document is legally valid in the eyes of the state.

How Can a Living Will Be Valid?

A living will can be useful to plan for medical decisions in the future. Information in a living will can include your stance on life support and other medical practices for yourself when you are unable to share this with a doctor. If you want to receive life support in situations when it is deemed necessary by a medical professional, you can write that in your living will to inform doctors to use life support measures.

You can also choose to refuse life support measures, and doctors will abide by the decision in your living will. When you are unable to make choices at a time when you are incapable, and your health is in danger, this document can provide information that doctors need to treat you.

This document can protect your rights and wishes since it has them listed for others to read. Doctors will make sure to follow this, or else legal action can be taken against them for failing to fulfill your wishes.

Appointing a Healthcare Power of Attorney or Proxy

During these situations, it may also be useful to have a power of attorney. This individual can make decisions for you about your wishes that are stated in your directive and living will. They can be given as much power as you wish to give them. As such, it’s imperative to carefully consider your options when choosing someone to appoint.

A durable healthcare power of attorney can make decisions for you when you are unable to do so, but this only gives them control over medical decisions when you are unable to make them for yourself.

How Can I Make an Advance Directive in Rockland County?

When you are interested in establishing an advance healthcare directive, you’ll want to contact an experienced attorney to assist you through this process to help ensure that your wishes are correctly documented. If you or a loved one is looking to begin the estate planning process, it’s in your best interest to connect with an experienced estate planning attorney with the Lauterbach Law Firm. We understand the importance of these decisions, which is why we can help explain your options so you can make the most informed decision possible. Contact us today to learn how we can represent you.