ADVANCE HEALTHCARE DIRECTIVE

WHAT IS AN ADVANCE HEALTHCARE DIRECTIVE?

An advance healthcare directive (“AHCD”) generally consists of health instructions and a power of attorney for health care, allowing an agent to make health decisions on behalf of the principal in the event of incapacity.

WHY DO I NEED AN AHCD?

An AHCD, along with a durable power of attorney, is an essential component of any estate plan. The importance of planning out what should occur in the event of incapacity is paramount. Without clear and valid instructions, a person who becomes incapacitated may be subject to costly and invasive conservatorship proceedings in court.

Many individuals have strong feelings on topics such as being on life-sustaining medical support while in a comatose state, and other intimately personal decisions regarding organ donations and burial instructions. By having a proper AHCD and a complete estate plan, you can have maximum control of your personal health affairs.

DO I NEED A POWER OF ATTORNEY IF I HAVE AN AHCD?

Yes, we advise in most cases for each person to have both, as each document serve a crucial component in any comprehensive estate plan in protecting the client in unexpected situations of incapacity and assisting the trustee of any involved trusts in carrying out certain required tasks.

Speak to our experienced estate planning attorneys today to determine what type of power of attorney you need for your estate plan and what considerations you should make before choosing your agent.