Planning for future healthcare decisions is a vital step everyone should take. Thinking about and communicating your wishes regarding medical treatment, especially if you become unable to voice them yourself, provides peace of mind for you and your loved ones. This proactive approach, often involving what’s known as advance directives, ensures your healthcare aligns with your values even if you face incapacitation (guardianship) or as part of broader end-of-life preparations (wills).
For many, navigating these important decisions is made easier by consulting with an attorney specializing in estate planning and elder law. Locating an attorney can be a helpful first step in this process.
Wills
A will is a foundational legal document that dictates the distribution of your assets after your passing. It clearly specifies who will inherit your property and in what proportion. Beyond asset distribution, a will can also address crucial aspects such as:
- Naming a guardian for minor children or even pets, ensuring their care is secured.
- Designating a responsible individual to manage property on behalf of children or other beneficiaries until they are ready to receive it directly.
- Appointing an “executor” to oversee your assets and manage your affairs from the time of death until your estate is settled, streamlining the legal process for your family.
Advance Directives
Advance directives are written instructions outlining your preferences for medical care should you become unable to communicate them yourself. Every adult should consider establishing advance directives. Unexpected accidents or serious illnesses can occur at any time, making these documents essential for everyone, regardless of age or current health status. While contemplating these scenarios can be uncomfortable, having these discussions and establishing advance directives can significantly ease the burden on your loved ones during challenging times.
To assist in this crucial planning, resources like the Consumer’s Tool Kit for Health Care Advance Planning from the American Bar Association are invaluable. This tool kit is designed to guide you through the process of discovering, clarifying, and communicating your healthcare wishes in the face of serious illness. You can access the Consumer’s Tool Kit for Health Care Advance Planning to begin this important planning.
For adult children or anyone concerned about the well-being of a friend or relative, knowing about the existence and location of these documents is crucial. AARP offers a helpful form to document where to locate important documents proactively, ensuring they are readily accessible in case of an emergency.
Numerous online resources offer free or low-cost standardized forms to create advance directives. A simple internet search can help you find options that suit your needs.
Living Wills or Health Care Directive
A living will, also known as a health care directive, is a legal document that communicates to healthcare professionals the types of medical treatments you would or would not want to prolong your life if you were in a terminal condition or unable to express your wishes due to an accident or severe illness. It’s important to note that a living will typically comes into effect only when you are facing a near-death situation. Having a living will is a responsible step for all adults to ensure their end-of-life wishes are respected.
Note: While publications like the DSHS publication, Your Legal Right To Make Decisions About Health Care and Advance Directives in Washington State (DSHS 22-015x), may no longer be available, numerous current resources offer similar information. However, to ensure your documents are fully compliant with state laws, consulting with a legal advisor is always recommended.
Durable Power of Attorney for Health Care
A Durable Power of Attorney for Health Care is a legal document that empowers you to designate a person you trust to make healthcare decisions on your behalf if you become unable to communicate your own decisions. Typically, this power of attorney becomes effective only if you are incapacitated and remains in effect as long as you are unable to make your own healthcare choices. This ensures you have a voice in your medical care even when you cannot speak for yourself.
For further information and to see sample forms (PDF) related to Living Wills and Durable Power of Attorney for Health Care, numerous resources are available online and through legal and healthcare organizations.
Physician Orders for Life-Sustaining Treatment (POLST) or Do Not Resuscitate (DNR)
A POLST form, or Physician Orders for Life-Sustaining Treatment, is a medical order that outlines your specific wishes regarding life-sustaining treatments if you are currently facing a serious illness. This form is created through a discussion with your physician, who translates your wishes into actionable medical orders on the POLST form. Having a completed POLST form is crucial to ensure your preferences are immediately recognized and followed by all medical professionals involved in your care. It’s important to use an original POLST form, not a copy, to ensure its validity. You can learn more about POLST and how it can help ensure your end-of-life wishes are honored.
Guardianship
Learn More: For frequently asked questions about guardianships in Washington State, resources are readily available online. (search topic Guardianship Basics).
In situations where an individual becomes incapacitated and lacks the ability to make healthcare decisions, often due to an accident, illness, or disability, guardianship becomes relevant.
If a person is deemed incapacitated, a family member, friend, care facility, or case manager can petition the court to appoint a legal guardian.
Guardians are legally obligated to act in the best interests of the incapacitated person, making decisions that align with their values and needs. This ensures the individual’s well-being is prioritized even when they cannot advocate for themselves.
Guardianship can extend beyond healthcare decisions to include managing the person’s property, income, or finances, providing comprehensive support and protection for the individual.
