People generally draft estate plans based on their personal needs. Parents often create wills so that they can name guardians for their children. People preparing for retirement might draft durable powers of attorney to limit their risk of involuntary guardianship later in life. Those worried about qualifying for Medicaid benefits or limiting estate tax obligations might create and fund trusts.
A living will or advance health care directive could also be a beneficial addition to an estate plan. Advance health care directives describe an individual’s wishes regarding their medical treatment. They can clarify whether they want to receive resuscitation and life support, as well as their preferences about different types of interventions. They can even provide guidance regarding anatomical donations.
Who typically needs to consider creating an advance health care directive?
Young adults
People who have recently become adults can no longer rely on their parents to guide their medical treatment. They likely do not yet have a spouse to make decisions on their behalf. They may want to draft and register an advance health care directive. Doing so helps to ensure that medical professionals or a party acting as their legal representative can understand their wishes if they experience an incapacitating emergency.
People with chronic medical conditions
Individuals diagnosed with debilitating or chronic medical conditions could be at risk of their conditions abruptly worsening. Those preparing to undergo cancer treatment, for example, often draft advance directives to ensure they receive appropriate support in an emergency.
People preparing for retirement
Medical challenges during the golden years are relatively common. Older adults may experience both physical and cognitive changes that require intensive support. They may become incapable of expressing their wishes or may become permanently incapacitated due to cognitive decline. Establishing an advance directive before an individual’s medical status changes significantly can help ensure that the treatment they receive later in life conforms to their wishes.
Drafting a living will or advance health care directive and keeping it up-to-date can provide people with peace of mind regarding their future medical care. People in many different scenarios may benefit from clarifying their medical preferences in case they can no longer explain them to others due to injury, illness or advanced age.