What You Need to Know About Healthcare Directives
Helping You Navigate the Legal Maze
When it comes to planning for the future, most people think about finances, property, and inheritance. But what about your health? If you're unable to speak for yourself, who will make medical decisions on your behalf? That’s where healthcare directives come into play.
In this blog, we'll break down the essentials of healthcare directives so you can feel confident about making informed choices for your future. Learn what you need to know about healthcare directives.
Background Information
Approximately one in four Americans has completed an advance directive, such as a living will or healthcare power of attorney. This figure suggests that many people across the U.S., including North Carolina, have yet to take this important step in their healthcare planning.
A University of Washington study found that the use of advance-directive consultation nationally would save $1.9 billion in intensive care unit treatment of 2 million patients with life-limiting illnesses during one year.
Most people recognize the importance of these documents. In fact, 60% of people say that making sure their family is not burdened by tough decisions is extremely important. However, 56% have not communicated their end-of life wishes.
Approximately one in four Americans has completed an advance directive, such as a living will or healthcare power of attorney. This figure suggests that many people across the U.S., including North Carolina, have yet to take this important step in their healthcare planning.
Are you the one in four? Or, are you like most people and have never considered creating these documents.
What is a Healthcare Directive?
A healthcare directive, also known as an advance directive, is a legal document that outlines your preferences for medical care if you are unable to communicate your wishes. It helps guide your healthcare team and loved ones during emergencies or at the end of life.
In North Carolina, there are two common types of healthcare directives:
Living Wills and
Healthcare Powers of Attorney.
Living Will
A Living Will allows you to outline what kind of medical treatments you want (or don’t want) if you're terminally ill or in a permanent vegetative state. For example, you can specify whether you want to receive life-sustaining treatments such as CPR, mechanical ventilation, or feeding tubes.
In North Carolina, a Living Will takes effect only in certain medical situations, such as when your doctors confirm you cannot recover, and treatment would only prolong the dying process. It's important to be clear about your wishes so doctors and family members can follow them accurately.
Healthcare Power of Attorney
A Healthcare Power of Attorney (HPOA) is another type of healthcare directive. With this document, you appoint someone (called an "agent") to make healthcare decisions for you if you're unable to do so. Your agent can make a wide range of decisions, including what treatments you receive, what doctors you see, and even decisions about long-term care.
Choosing your agent is a big decision. Ideally, this person should understand your values and be able to act in your best interests. Many people choose a spouse, adult child, or close friend for this role.
Why are Healthcare Directives Important?
Without healthcare directives, your loved ones may face difficult decisions without knowing your wishes. Even worse, they may not agree on what’s best for you. Having a plan in place helps avoid confusion and conflict, making a stressful time a little easier for your family.
In North Carolina, if you don't have a healthcare directive, state laws determine who makes decisions on your behalf. While your closest relatives usually have the authority, this may not always align with your personal preferences. And, sometimes doctors may not allow your closest relatives to even make decisions for you without a court order.
How to Create a Healthcare Directive in North Carolina
Creating a healthcare directive is a straightforward process. Here's how to do it:
Think about your wishes – Consider what medical treatments align with your values and how you want to handle end-of-life care.
Talk to your loved ones – Make sure your family and friends understand your decisions and the reasons behind them.
Consult with an attorney – While you can find forms online, it’s a good idea to speak with an estate planning attorney who can guide you through the process. This ensures that your documents are legally sound and tailored to your needs.
Sign and notarize – In North Carolina, your healthcare directives must be signed in the presence of two witnesses and notarized to be legally binding.
Keep your documents accessible – Provide copies to your agent, doctor, and family members. You can also register your directives with the North Carolina Advance Health Care Directive Registry, making them easily accessible to healthcare providers in an emergency.
Updating Your Directives
It’s a good idea to review and update your healthcare directives regularly, especially after major life events like marriage, divorce, or a significant health change. You want to be sure your documents still reflect your current wishes and that your chosen agent is still the best fit.
Final Thoughts
Healthcare directives are a crucial part of a comprehensive estate plan. They ensure your voice is heard when you cannot speak and provide peace of mind to your loved ones. By planning ahead, you’re not only protecting your health decisions but also offering a gift of clarity to your family in difficult times.
Contact Us
If you're ready to create or update your healthcare directives, reach out to us. We can help you navigate the legal maze and make sure your wishes are honored. Call us today to schedule your fifteen minute discovery call to learn more about how we can help you.
