It is possible that you are not interested in contemplating what would happen if your ability to manage your own medical needs is impacted by injury, illness or advancing age. If you're not planning to write down your wishes about the treatment you want and name someone you trust to manage your care. This could leave you open to relatives, doctors who are distant from you, and judges who may not know much about your preferences.
Different types of health care documents
Two documents that are essential allow you to make your own wishes known regarding medical care The documents include a durable power of attorney for health care and a living will. It's a good idea to keep both. Certain states include the living will that is commonly referred to as an advance directive. (In fact both are health care directives which is to say, documents that allow you to specify your health care preferences in the event you are incapacitated to speak for yourself.)
Living Wills
The first step is to create an unwritten statement that describes the kind of care you want (or would prefer not to receive) in the event of your becoming incapacitated. The document is typically called a living will but it could have a different name in the state where you live. Living wills aren't related to wills or living trusts that will leave property at end of your life. It's a way in which you can state your choices regarding healthcare.
Your life can be used to communicate whatever you'd like about the kind of health care that you'd prefer to receive.
Powers of Attorney for Health Care
You'll also want what's usually called an irrevocable power of legal will for health care. This document lets you name an individual you trust as your health care representative (sometimes called an attorney-in-fact for health care, health care proxy, or surrogate) to make all necessary health care decisions for you and to see that doctors and other health professionals give you the type of care you'd like to receive.
Who is able to make health care Documents
To be able to sign a legally legal document that governs your healthcare, you have to be at least 18 years old legally. You must also be of sound mind which means you are able to be aware of what the document signifies, what it contains, and how it operates.
When Your Health Care Documents take effect
The health records you have signed take effect if your doctor determines that you lack the capacity or "capacity" to take your own health care choices. Lacking capacity usually means that:
You aren't aware of the implications and the nature of health care options offered to you.
You are not able to express your wishes for care orally, in writing, or with gestures.
In practical terms it is the case if you're in such a state of health or injury that you are unable to communicate your wishes regarding health care in any way, your documents will be in effect immediately. If, however, there's any doubt as to your capacity to comprehend your treatment choices and clearly communicate the doctor will determine whether it is the right time to allow your health care documents to be put into effect.
Some states permit you to give your agent the power to oversee the medical treatment you receive immediately. If your state offers this option, you may prefer to draft an reliable document that will allow your agent will be able to help anytime without the need to involve a physician in the question of whether or not your health care document will be effective.
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