Planning For Incapacity Through A Health Care Directive And Living Will

When planning for the future, it’s crucial to consider not only the distribution of your assets but also how your health care decisions will be handled in the event that you become legally incapacitated, whether through illness, injury or otherwise. Health care proxies and living wills are vital tools in estate planning. They ensure that your wishes are respected, even if the worst should come to pass.

At Chayet & Danzo, LLC, we understand the importance of preparing for life’s uncertainties. In fact, we devote our entire practice to estate planning and related areas of law. We’re passionate about empowering clients to take action that protects themselves, their loved ones and their wishes.

Health Care Proxies In Colorado: Appointing Someone To Manage Your Medical Decisions

A health care proxy, also known as a medical power of attorney or health care power of attorney, is a legal document for designating a trusted individual to manage your health care if you become legally incapacitated. This appointed agent can make crucial medical decisions in accordance with your health care preferences. Having a health care proxy provides peace of mind knowing that someone you trust will oversee your medical care according to your wishes, without the need for court intervention.

Living Wills: Outlining Your Medical Wishes

A living will, also called an advance directive, is a written document that specifies what types of medical treatment you desire should you become incapacitated and unable to express informed consent. Living wills typically cover scenarios involving life-support measures and end-of-life care. You can specify your wishes regarding:

• Resuscitation efforts
• Artificial life-sustaining measures if you’re in a vegetative state
• Pain management preferences and comfort care
• Unnecessary procedures or treatments in end-of-life situations
• Specific preferences about certain medical conditions you have or might expect to have

An advance directive will guide your health care proxy in making decisions that align with your values and desires. Adding these details will provide a more comprehensive basis of information for your health care proxy. These two tools – the health care proxy and living will – work in tandem, reducing the burden of guesswork for family members during challenging times.

HIPAA Privacy Releases

Executing a release of information under the Health Insurance Portability and Accountability Act (HIPAA) will allow your health care proxy and others of your choosing to access your medical information. Failure to grant that permission can create unnecessary delays and legal difficulties.

Frequently Asked Questions About Living Wills And Health Care Proxies

Below, you will find general guidance on common questions. Please reach out to our lawyers for legal advice tailored to your situation.

What is a living will?

A living will is a document used to express your health care wishes. Generally, the living will come into play when someone has a terminal condition or is in an irrevocable coma state. The living will is where you would indicate that you do not want to be kept alive by medical procedures, such as life support, which would merely postpone death.

Once the living will is executed, it can be applied when you have been certified as being in a terminal condition by at least two physicians; have been in a coma for at least seven days, and not pregnant. The physician must give notice to the nearest family members and wait another forty-eight hours after certification for a response. If there is an objection, a court hearing is held and a guardian ad litem is court-appointed for you. With court permission, the physician may withhold life support, which does not include withholding pain medication.

Your attending physician must honor the directives of the living will, or relinquish your care. The statute governing living wills specifically states that death due to compliance with the living will is not suicide or homicide.

A living will only applies in situations where death is imminent. It does not apply where death is not imminent, but you are unable to make medical decisions for yourself.

What is the difference between a living will and a health care proxy?

A living will outline your wishes regarding medical treatment, while a health care proxy appoints someone to make health care decisions for you in accordance with your pre-stated wishes. Both are important when planning for the possibility of incapacity.

Can I have both a health care proxy and a living will?

Yes, it’s important to have both. They have different purposes but work together to ensure that your health care wishes are fully understood and respected.

How often should I update these documents?

It’s advisable to review and possibly update these documents regularly, especially after significant life changes like marriage, divorce or the diagnosis of a serious illness.

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