What is a health care directive?
A health care directive is really two different documents: it is (1) a health care proxy where you elect a health care agent to make decisions on your behalf when you are incapacitated, and (2) a living will where you give your instructions on what you want to happen to you if you become incapacitated.
“Incapacitated” means you are legally incapable of making health care decisions on your own behalf. The health care directive does not authorize someone to override your wishes when you have capacity, and when you’re incapacitated, they must follow the instructions that you provide for the care that you want.
Most attorneys have a very basic health care directive that appoints your health care agents, and perhaps includes some instruction about your wishes. In fact, most attorneys don’t even help you answer the questions in the living will. This is not good - the health care directive to be too important to not take seriously. Our health care directives have been developed over the years after surveying all 50 states and their health care directive requirements, working with doctors, nurses, social workers, and caregivers in hospice and hospitals. It even includes a mental health care directive to address those questions that arise if one develops dementia or Alzheimer’s.
Our health care directive has been described as one of the most thoughtful and comprehensive health care directives on the market, and we’re very proud of it. It’s not easy or fun to fill out, but imagine how difficult it is for someone to make decisions on your behalf when they don’t have comprehensive information about your wishes. A well drafted health care directive can make a world of difference in your life, as well as in the lives of your family, friends, and health care agents.
What Is Included in a Health Care Directive?
A living will is not merely a “when to pull the plug” directive. It can actually contain a lot of vital, important information, including:
Designation of the agent who will ultimately make decisions for you when you are unable
How you want to spend your last days (e.g., in a hospital, at home, etc.)
What medications you do not want (e.g., no addictive narcotics)
Where you want to die
Limitations to the powers of your health care agent
Identify religious beliefs and practices
Identify your values, fears, philosophies, and desires related to your health
How you want your health to not affect your family
Identify the things that would make you prefer that care focus on making you comfortable rather than extending your life
Customized Based on Your Unique Needs
Generic directives health care directives are available online, but may not identify all of your needs. If improperly drafted, key parts of the document may be invalid. And, if the directive is not HIPAA compliant, then it may not be worth the paper it is written on.
Signature Law conducted a 50 state survey of what every state in America is requiring for their health care directives. Using this information, we developed what we believe is to be one of the most comprehensive health care directives in Minnesota. For example, we include as part of the health care directive an Advance Mental Health Care Directive, vitally important for our growing population of individuals with mental health problems or who will develop dementia.
We believe that everyone should have a valid health care directive. Many health care directives – be they from doctors' offices, the Secretary of State, found online, or from other attorneys – are overly simplistic and don't include important provisions. Signature Law is dedicated to drafting a comprehensive health care directive that addresses your wants and needs.
“I needed to update my will and health care directive with a name change. Signature Law responded immediately to my inquiry, provided an estimate and completed this work very quickly. Highly recommend this law firm.”
Ready to Get Started With Your Health Care Directive?
If you’re ready to get started with a comprehensive health care directive, we’re ready to help. Simply schedule a free consultation where we’ll answer any questions and identify next steps in creating your health care directive.
