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Advanced Health Care Directives: Why They Matter in Estate Planning

Loune-Djenia Askew, Esq.

Jun 3, 2024

Estate planning is often associated with assets like homes, savings, or investments, but one crucial aspect frequently overlooked is health care. An advanced health care directive is key for your medical wishes to be upheld, particularly when you're unable to make decisions on your own. This blog explores why incorporating advanced health care directives into your estate plan is a necessity.

Advanced Health Care Directives: Why They Matter in Estate Planning


Estate planning is often associated with assets like homes, savings, or investments, but one crucial aspect frequently overlooked is health care. An advanced health care directive is key for your medical wishes to be upheld, particularly when you're unable to make decisions on your own. This blog explores why incorporating advanced health care directives into your estate plan is a necessity.


What is an Advanced Health Care Directive?

An advanced health care directive, also known as a living will, is a legal document that outlines your preferences for medical care if you are incapacitated and cannot express your decisions. It covers situations ranging from the treatments you would prefer to receive or avoid, to the appointment of a health care proxy—the person authorized to make decisions on your behalf.


The Importance of Having a Directive

The absence of an advanced health care directive can lead to significant emotional and logistical challenges for health care providers. Without your explicit instructions, they are left to guess what you might have wanted, often leading to disputes or decisions that might not align with your true wishes.


Benefits of Advanced Health Care Directives

An advanced health care directive provides clarity and peace of mind, confirming your medical wishes are understood, which reduces the emotional and decision-making burden on your family. It helps prevent potential disputes over your care preferences and empowers you to maintain control over your treatment decisions, even when you're unable to communicate them yourself.


How to Create an Advanced Health Care Directive

Creating an advanced health care directive involves reflecting on your treatment preferences for various medical scenarios, consulting with health care professionals to understand the implications of these choices, selecting a trusted individual to act as your health care proxy, and legalizing your wishes through a legally binding document drafted with the assistance of a qualified attorney. This process guarantees that your health care decisions are respected and followed according to your state's laws.


An advanced health care directive is essential in any comprehensive estate plan as it secures your medical preferences and shields your family from the burden of tough decisions in emotionally charged times. It's advisable to work with a legal expert specializing in estate planning so your health care directives are properly documented and legally enforceable.


For more information, contact our office at Askew & Associates, P.A. by calling 954-546-2699.


Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns.


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