If you have a will but no health care directive, your estate planning may be incomplete. Knowing that your property will go where you intend can create a sense of security, but a will only governs what happens after death. It offers no protection if you are alive.
If you become unconscious, incapacitated or unable to communicate due to illness or injury, your will does nothing to guide doctors or authorize someone to make medical decisions for you. Your executor or the person you appointed to oversee your estate after you’re gone has no legal authority to make medical decisions on your behalf. This is where health care directives become essential.
A health care directive protects you while you’re alive
Think of a health care directive as legal instructions on your medical preferences. You may address life-sustaining procedures, resuscitation, artificial nutrition, hydration and even organ donation.
You can also give someone you trust the authority to step in during a medical crisis and ensure that your treatment preferences are honored. The person you appoint, known as a health care agent, is legally bound to follow your instructions and act in your best interests.
Protect your future the right way
Your will handles what happens after death, while your health care directive puts you in control when you cannot speak for yourself. Having both documents matters. If you only have a will, there’s a significant gap in your legal protection. An accident or a medical crisis can strike at any time and at any age. Not having a health care directive can lead to unnecessary stress and confusion among your loved ones.
Experienced legal guidance can go a long way in crafting an enforceable, comprehensive health care directive that reflects your personal values and integrates seamlessly with your will and other estate planning documents.