Why Are Advance Directives Legally Important?

Advance directives are composed of 2 legal documents: the Durable Power of Attorney for Health Care and a Living Will. A Durable Power of Attorney for Health Care is a legal document appointing a person (or persons) of your choosing to make healthcare decisions for you if you become unable to do so because of injury, illness, or diminished capacity. This document is specific to healthcare decisions and is not the same as a general Durable Power of Attorney, which focuses on nonhealthcare decisions. The Durable Power of Attorney for Health Care is used to provide continued management of your affairs.Without a Durable Power of Attorney for Health Care and if no one steps forward to make decisions on your behalf, a court may appoint a conservator. Conservatorship is often referred to as a “Living Probate” because it is handled by the probate court and is subject to many of the same problems as probate, including the following:Believing that a conservatorship will be unnecessary can be dangerous. In any given year, an individual is far more likely to become permanently disabled than to die. For anyone who wishes to be treated with dignity under such circumstances, conservatorship is not a desirable alternative.The second document that makes up Advance Directives is a Living Will. With this legal document, a person can declare which medical procedures he or she wants or does not want performed when terminally ill or in a persistent vegetative state. Generally, the Living Will applies only to comatose patients who can no longer communicate their wishes to terminate life- support systems. This document is called “living” because, unlike testamentary wills, it takes effect before death. A Living Will is often called a “right-to-die” or “death-with-dignity” form.A Living Will provides important legal protections for healthcare professionals, and communicates the individual’s wishes to the family and the designated Durable Power of Attorney for Health Care. It takes away the decision from medical professionals and family members, and gives individuals the power to choose and decide the precise circumstances of discontinuing treatments. The Living Will also clearly states who among your loved ones and healthcare providers should have the power to withdraw life support.Remember, not to decide in advance leaves the door open for someone else to decide for you. As discussed in the last column, at your next family event, gather everyone over the age of 18 and have a signing party. It could save much grief in the future.