Healthcare Directive

What is a Healthcare Directive?

A healthcare directive, also known as an advance directive or advance healthcare directive, is a legal document that allows individuals to specify their preferences regarding medical treatment and end-of-life care in case they become unable to communicate their wishes due to illness or incapacity. It outlines the types of medical interventions a person does or does not want in certain situations, such as life-sustaining treatments, resuscitation, and organ donation.

I already have a Living Will. Do I need a Healthcare Directive? Aren’t they the same thing?

While the terms “healthcare directive” and “living will” are often used interchangeably, they can have slightly different meanings and functions. A living will specifically refers to a type of advance healthcare directive that, if certain conditions are met, allows you to make known your wishes that your dying not be artificially prolonged if physicians have determined that there is no reasonable medical probability of your recovery. A Healthcare Directive is a broader term that can encompass various legal documents related to healthcare decisions. In addition to a Living Will, a Healthcare Directive can also include a Healthcare Power of Attorney, as well as special instructions related to your healthcare.

What is a Healthcare Power of Attorney and how does it work?

A healthcare power of attorney (HCPA), also known as a healthcare proxy or healthcare surrogate, is a legal document that allows you to appoint someone you trust to make medical decisions on your behalf if you become unable to do so yourself. This person, known as your healthcare agent or proxy, is authorized to act in accordance with your wishes regarding medical treatment and care. The healthcare proxy can ensure that specific instructions or preferences related to your healthcare, such as religious or spiritual beliefs, preferences for pain management, or desired location of care, are followed.

Here’s how it works:

Choosing a Proxy: You select a trusted individual to serve as your healthcare proxy. This person should understand your values, beliefs, and preferences regarding medical care and be willing to advocate for your wishes.
Granting Authority: Through the healthcare power of attorney document, you grant your chosen proxy the authority to make medical decisions on your behalf if you are incapacitated or unable to communicate your wishes due to illness or injury.
Scope of Authority: The healthcare power of attorney typically specifies the scope of the proxy’s authority, including the types of medical decisions they can make and any limitations or preferences you have outlined.
Communication of Wishes: It’s essential to communicate your healthcare preferences and values to your healthcare proxy so they can make informed decisions on your behalf. This may involve discussing specific medical treatments, end-of-life care preferences, and any other relevant considerations.

Having a healthcare power of attorney in place ensures that someone you trust can make healthcare decisions on your behalf if you are unable to do so. It provides peace of mind for you and your family and helps ensure that your preferences for medical treatment are respected, even in challenging circumstances.

Healthcare power of attorney documents must meet certain legal requirements, which vary by jurisdiction. John Russo, a Brevard County Wills and Trusts attorney, will work with you to create a Healthcare Power of Attorney as part of a comprehensive healthcare directive which can give peace of mind to you and your family, while ensuring that your specific instructions, preferences, and beliefs are followed.

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