Introduction to Advance Directives – The Basics

Welcome Back to the MVP Estate Planning Blog!

We will be posting about "Advance Directives" for the next two weeks. Our postings will contain the most basic information about advance directives otherwise known as a Living Will or Health Care Power of Attorney.

Please feel free to ask questions and engage in the discussion. We will not know how to adequately address your needs and concerns unless you provide us with some feedback.

For those that have questions surrounding the "Advance Directive" please take the time to review the "Question & Answer" discussion we have created below.

o What is an Advance Directive?
An advance directive is similar to the Power of Attorney which grants authorization to act on someone else’s behalf in matters relating to their health care. In order to make a valid Advance Directive, you must be at least 18 years of age, able to understand what the document means, what it contains, and how it works.

o What is the purpose of an Advance Directive?
The purpose of having an Advance Directive is to have a legal document in place which sets out instructions and/or wishes for your medical care, in case something where to occur that would leave you unable to communicate your wishes to your doctor/hospital/family members.

o What’s involved with an Advance Directive? An Advance Directive normally involves these types of issues:
• Admission and/or Discharge from Hospital, Hospice, Nursing Home, or other medical facility
• Request to Receive Protected Health Records as your Personal Representative under HIPAA
• Withholding/Withdrawing Life-Prolonging Procedures
• Withdrawing Food & Water (Artificially Administered Nutrition & Hydration);
• Palliative Care
• Authorizing Organ, Tissue or Body Donation
• Authorizing an Autopsy
• Authorizing Disposition of Your Remains
• Nominating a Guardian
• Pregnancy (you may indicate whether or not you want Health Care directions carried out in the event of your pregnancy)

However, with an Advance Directive, you may specify your care for different situations, or if you wishes are simple, you may leave all decisions to your health care agent to act in your best interest.

o Who can I name as my Health Care Agent?
You should appoint someone who you trust, who is reliable, and who you have shared your medical care concerns and/or wishes with, as your Health Care Agent. You may appoint your Attorney as your Health Care Agent, an immediate family member, or even a trusted friend. You may not name an owner, operator, or employee of a health care facility where you are/or have received care to be your health care agent. We recommend that you name two Health Care Agents in the event that your first choice is unavailable for some reason to act in your best interests.

o Should I execute an Advance Directive?
You should execute an Advance Directive for the mere purpose that life is full of unexpected events and issues. With an Advance Directive in place, your health care directions will be carried out in the event that you are unable to communicate with your doctor, hospital, and/or loved ones. Having an Advance Directive will save your family time and money.

o Can I revoke my Advance Directive?
You may revoke your Advance Directive at any time. You are completely in control of your health care directions, and if your desires change at any time, you should destroy the original and execute a new Advance Directive to reflect your wishes. You should also inform all who have a copy to return it to you to be destroyed, and let them know that you have revoked it, as your health care directions have changed.

o Should I distribute copies of my Advance Directive to my physician/insurance plan/immediate family members?
You should distribute copies of your Advance Directive to your agent, doctors, or medical facility most likely to treat you, otherwise it will be wasted time, money and words on a sheet of paper. Your Advance Directive should be in the hands of the people who need to know about it, so that your health care directions are carried out in accordance with your wishes.

o Does the MVP Law Group offer a bundle deal for executing both an Advance Directive and a POA?
Yes! Considering the fact that they are similar documents, both allowing someone else to act on your behalf if you are unable to do so. We offer a bundle deal for the preparation and execution of the Advance Directive and POA, a deal that you do not want to miss! Please contact our office for more information!

As an Individual in the United States, health care has become an extreme concern in this day and age. As such it is important to have protections in place in case you are unable to relay your health care wishes to your medical providers and/or immediate family members. Your health care directions are unique to you as an individual, encompassing your religious and/or spiritual beliefs, family traditions, and sincere values. We at the MVP Law Group want to help you prepare so that you are taken care of according to your wishes in the event that something would happen to you.

Act now and have your health care plan in place.

Our helpful and capable staff invites you to contact us today to schedule an informative, 30 minute free, initial consultation with an estate planning attorney.

PLEASE LOOK FORWARD TO OUR NEXT BLOG POSTING SCHEDULED FOR TUESDAY, MAY 4, 2010