Appoint a Medical Decisionmaker with an Advance Directive
Together with a durable power of attorney, an advance directive (also called a healthcare power of attorney) is a key component of any estate plan. An advance directive allows you to appoint a trusted person, called a healthcare representative, to legally act on your behalf. A healthcare representative can make medical and other personal decisions for you when you cannot.
It is important to document your wishes so your loved ones are not burdened with guessing what you would want during a medical emergency. Documenting your wishes helps ensure they are respected by your family and medical team.
Key Components of an Advance Directive
Healthcare representative appointment. You designate a person you trust to make medical decisions on your behalf. This can be the same person you appoint as your attorney-in-fact in a durable power of attorney or someone else.
Scope of Healthcare Representative’s Authority. An advance directive tells your physician what actions your healthcare representative can take for you aside from making medical decisions. This can include consenting to medical health care treatment for you, signing a DNR, limiting what types of medical treatment you receive with a POST/POLST form, making decisions regarding anatomical gifts and organ donation, and making funeral and burial arrangements if you have not already done so. The document is intended to be flexible so you can give your healthcare representative clear directions on how to act on your behalf.
Living will. A living will sets out your preferences regarding life-prolonging procedures in the event you have an incurable illness and death is likely to occur within a short time. You can direct whether you want measures like mechanical ventilation or artificial nutrition if you’re terminally ill and unable to communicate. You can also leave these decisions to your healthcare representative.
HIPAA authorization. This allows your healthcare representative to obtain your medical records and information from your doctor and pharmacy. Without a HIPAA release on file, providers may be legally barred from sharing this information with your loved ones, even during a medical emergency.
Common Questions About Indiana Advance Directives
Do I really need an advance directive? Yes. An advance directive is one of the simplest estate planning documents we prepare for clients. An advance directive gives you a say in who manages your medical affairs if you cannot. It allows your healthcare representative to help you while preserving your legal rights to manage your own affairs as long as you can.
Without an advance directive, Indiana law or a court will determine who should make decisions for you. This can lead to your loved ones pursuing guardianship through the court system, a process which can be lengthy, expensive, and necessitates court oversight. Sometimes guardianship proceedings cause disputes and lasting rifts between family members who disagree about who should be in charge of your affairs.
Putting an advance directive in place ahead of time is an inexpensive way to keep that choice in your hands by ensuring the person you choose will manage your affairs if you cannot.
When does my healthcare representative start making decisions for me? Most commonly, an advance directive only takes effect after the occurrence of a specific event, typically when your doctor certifies in writing that you are incapacitated. You can make an advance directive effective immediately. In that case, your physician will discuss your decisions with you and your healthcare representative; you still make the final decision unless you are unable to competently do so. Our attorneys can discuss your options to help you make the right decision for your circumstances.
Can I change or revoke my advance directive later? Yes, you can revoke or update an advance directive at any point in your life as long as you have the mental competency to do so.
Plan for Your Medical Future
Planning ahead is one of the most helpful things you can do for your family. Parr Richey can help you draft a new advance directive or review your existing plan with you.
Call our office at 317-269-2509 or contact us online to discuss your healthcare power of attorney and other estate planning documents.