The worst-case scenario has happened: you or a loved one has fallen ill or had an incident leaving another person in charge of making medical care decisions. What happens to you in this situation? What if someone decides to keep you on life-support without knowing you do not wish to have life-prolonging measures? How will you make the decision for someone else if they are unable to make medical decisions? These are hard and uneasy questions, but there is an answer to them—having an Advance Directive for Health Care. What Is an Advance Directive for Health Care? In May of 2017, Tennessee law changed the formatting of a “Living Will, ” also known as “Advance Care Plan,” and “Medical Power of Attorney, “also known as “Appointment of Health Care Agent,” by combining the contents of both into a single document titled “Advance Directive for Health Care. “Now, the contents of both documents can be filled out in one place making it easier for you to direct others about your medical wishes if something happens. The contents of a Living Will direct medical professionals, such as your doctor, about what course of treatment you desire if you become terminally ill or in an unconscious state. You may indicate your desire for or against life-prolonging treatment, such as resuscitation measures (CPR). This is all about the treatment you wish to receive if you are no longer in a conscious state to make those decisions. The contents of a Medical Power of Attorney allow you to select the person you want to make healthcare decisions for you if you are unable to make those decisions. Do I Need an Advance Directive for Health Care?The decision to have an Advance Directive for Health care is a personal one, but this document is important. Life can be unpredictable, but having an Advance Directive for Health Care ensures your desires are upheld. Without an Advance Directive for Health Care, a doctor or family member may not know what type of medical treatment you want. It can be difficult in those circumstances for a family member to make a medical decision for you. This also alleviates the strain for family members to make an ill-informed choice or even a choice they disagree with. An Advance Directive for Health Care is a legally binding document that medical professionals must follow even if someone disagrees. Should I really hire an attorney to help me draft an Advance Directive for Health Care? Although an Advance Directive Health Care may be filled out by yourself and properly witnessed or notarized, legal counsel can help properly state what your desires are. The document is broad so that individuals can specify all their medical decisions. For example, there is a section in the form to include other instructions, such as hospice care or burial arrangements. This is a section that is extremely broad and gives individuals the authority to state with specificity what their desires are. The broad language in documents can lead to ambiguity, and an attorney can help alleviate any ambiguity or broad language so that your decisions are respected. If you or someone you know needs a living will or health care power of attorney or already have one that you would like reviewed, give us a call. King Law serves Western North Carolina and Upstate South Carolina. To schedule your appointment give us a call at 888-758
