Mitchel, Gaston, Riffel & Riffel Attorneys at Law

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Estate Planning


Advance Health Care Directive

An "Advance Health Care Directive" lets your physician, family and friends know your health care preferences, including the types of special treatment you want or don't want at the end of life, your desire for diagnostic testing, surgical procedures, cardiopulmonary resuscitation and organ donation.

By considering your options early, you can ensure the quality of life that is important to you and avoid having your family "guess" your wishes or having to make critical medical care decisions for you under stress or in emotional turmoil Advance Health Care Directives consist of two documents.

A Health Care Power of Attorney (HCPOA) also called a “healthcare proxy”) or Living Will A Health Care Power of Attorney (also called a “healthcare proxy”) allows an Agent to make medical decisions for a Principal, should that loved one become incapacitated or mentally incompetent.

A person does not have to be facing death for a HCPOA to be put into effect. A Living Will gives an assignee similar powers of decision, but this advanced directive only applies when someone faces certain death.

It may articulate whether the loved one wants to be hospitalized at the end of life, or have surgery, blood transfusions, resuscitation, or other medical procedures administered. The assignee has the authority to carry out the wishes of the incapacitated party.

No power without a signature!

Please remember: No Power of Attorney, HCPOA, or Living Will is valid unless it is signed and notarized and/or properly witnessed.

It seems unthinkable that some people would draft these documents and never sign them … but to borrow an analogy, some smoke detectors are bought but never installed.

ADVANCE HEALTH CARE DIRECTIVE CHECKLIST



DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

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