ContractsCounsel Logo

Health Care Directive

Clients Rate Lawyers on our Platform 4.9/5 Stars
based on 5,780 reviews

Jump to Section

Need help with a Healthcare Proxy?

CREATE A FREE PROJECT POSTING
Post Project Now

A health care directive is a crucial legal document that outlines an individual's medical treatment preferences in the event of incapacitation or other reasons. As we age or face serious health issues, the need to plan for end-of-life care becomes crucial.

Health care directives are legal documents that allow individuals to communicate their medical treatment preferences when they are unable to do so. INow, we will explore the importance of health care directives in end-of-life care planning, including the different types of health care directives, how to create one, and tips for ensuring your medical treatment preferences are respected.

Importance of Health Care Directives

The importance of health care directives in end-of-life care planning cannot be overstated. They allow individuals to retain control over their medical treatment decisions and ensure that their preferences are honored when they are unable to communicate.

Health care directives provide peace of mind to both individuals and their families, knowing that their wishes regarding their medical care will be respected and followed. They also help to reduce the burden on family members who may be faced with making difficult medical decisions on behalf of a loved one.

Types of Health Care Directives

There are different types of health care directives that individuals can use to communicate their medical treatment preferences. The most common types include:

  • Living Will: A living will is a written document that outlines an individual's medical treatment preferences and decisions regarding end-of-life care, such as whether to receive life-sustaining treatment or not.
  • Durable Power of Attorney for Health Care: A durable power of attorney for health care is a legal document that designates an individual to make medical decisions on behalf of the individual who is unable to do so. This person, also known as a health care proxy or agent, is responsible for making medical treatment decisions based on the individual's preferences and values.
  • Do Not Resuscitate (DNR) Order: A DNR order is a medical order that indicates an individual's preference not to receive cardiopulmonary resuscitation (CPR) in the event of cardiac or respiratory arrest.
  • POLST (Physician Orders for Life-Sustaining Treatment): POLST is a medical order that outlines an individual's preferences for life-sustaining treatment, such as CPR, intubation, and other medical interventions. It is typically used for individuals with serious health conditions or advanced illnesses.
Meet some lawyers on our platform

Justin K.

12 projects on CC
View Profile

Stacey D.

23 projects on CC
View Profile

Michael M.

344 projects on CC
View Profile

Donya G.

81 projects on CC
View Profile

How to Create a Health Care Directive

Creating a health care directive involves several important steps to ensure that it is legally valid and accurately reflects an individual's medical treatment preferences. Following are the steps :

  1. Educate Yourself. Learn about health care directives, including the different types and their legal requirements. Understand the specific laws and regulations in your state or country regarding health care directives.
  2. Consider Your Medical Treatment Preferences. Reflect on your values, beliefs and medical treatment preferences. Think about the type of medical care you would like to receive or not receive in different end-of-life situations, such as life-sustaining treatment, pain management, and palliative care. Consider your personal beliefs, religious or cultural considerations, and quality of life concerns when making your medical treatment decisions.
  3. Choose the Right Type of Health Care Directive. Based on your preferences and legal requirements in your state or country, choose the appropriate type of health care directive that best aligns with your medical treatment preferences. This may include a living will, durable power of attorney for health care, DNR order, POLST, or a combination of these documents.
  4. Consult with an Attorney or Health Care Professional. It is highly recommended to consult with an experienced attorney or health care professional to ensure that your health care directive is legally valid and accurately reflects your medical treatment preferences. They can provide guidance on the legal requirements, help you understand the implications of your decisions, and ensure that your health care directive is properly executed and witnessed.
  5. Communicate Your Health Care Directive. Once you have created your health care directive, it is crucial to communicate your preferences to your family members, designated health care proxy or agent, and health care providers. Provide them with copies of your health care directive and discuss your medical treatment preferences with them. Make sure that your health care directive is easily accessible and available when needed.

Tips and Considerations for a Health Care Directive

Creating a health care directive is an important step in ensuring that your medical preferences are respected. However, there are additional tips and considerations to keep in mind to ensure that your health care directive is followed:

  • Review and Update Your Health Care Directive: Review your health care directive periodically and update it as needed. Changes in your health condition, personal beliefs, or medical treatment preferences may require revisions to your health care directive. Make sure that your health care directive reflects your current wishes and is up-to-date.
  • Provide Copies to Relevant Parties: Ensure that your health care directive is provided to your family members, designated health care proxy or agent, and health care providers. Keep copies of your health care directive in a safe and easily accessible place, such as a designated folder or a digital file, and provide copies to relevant parties. Make sure that your health care directive is available when needed.
  • Communicate Your Preferences Clearly: When discussing your health care directive with your family members, health care proxy or agent, and health care providers, communicate your preferences clearly and assertively. Make sure that your preferences are understood and that any questions or concerns are addressed. This will help to ensure that your medical treatment preferences are respected.
  • Discuss Your Preferences with Your Health Care Providers: It is essential to have open and honest communication with your health care providers about your medical treatment preferences. Discuss your health care directive with them, and make sure that they understand and are willing to follow your preferences. This includes discussing your preferences for end-of-life care, pain management, and palliative care, and clarifying any questions or concerns they may have.
  • Educate Your Loved Ones and Health Care Proxy: Educate your family members and designated health care proxy or agent about your health care directive and your medical treatment preferences. Make sure that they understand your wishes and are prepared to advocate for your preferences if needed. Provide them with copies of your health care directive and discuss any questions or concerns they may have.

Key Terms for Health Care Directives

  • Health Care Directive: A legal document that outlines an individual's medical treatment preferences in case they are unable to communicate their wishes.
  • Living Will: A type of health care directive that specifies the type of medical care an individual would like to receive or not receive in different end-of-life situations.
  • Durable Power of Attorney for Health Care: A legal document that designates an individual to make medical decisions on behalf of the person creating the directive if they become incapacitated.
  • DNR Order: An abbreviation for "Do Not Resuscitate," a type of directive that indicates an individual's preference to not receive CPR or other life-sustaining measures in case of cardiac arrest.
  • POLST: An acronym for "Physician Orders for Life-Sustaining Treatment," a medical document that translates an individual's medical treatment preferences into actionable orders for health care providers in case of a medical emergency.

Final Thoughts on Health Care Directives

Health care directives play a crucial role in end-of-life care planning, allowing individuals to communicate their medical treatment preferences and ensure that their wishes are respected. By understanding the importance of health care directives, choosing the right type of directive, creating it properly, and communicating your preferences clearly, you can take proactive steps to ensure that your medical treatment preferences are respected in end-of-life situations.

If you want free pricing proposals from vetted lawyers that are 60% less than typical law firms, click here to get started. By comparing multiple proposals for free, you can save the time and stress of finding a quality lawyer for your business needs.

How ContractsCounsel Works
Hiring a lawyer on ContractsCounsel is easy, transparent and affordable.
1. Post a Free Project
Complete our 4-step process to provide info on what you need done.
2. Get Bids to Review
Receive flat-fee bids from lawyers in our marketplace to compare.
3. Start Your Project
Securely pay to start working with the lawyer you select.

Meet some of our Lawyers

Garrett M. on ContractsCounsel
View Garrett
5.0 (7)
Member Since:
August 30, 2021

Garrett M.

Associate
Free Consultation
Dexter, MO
7 Yrs Experience
Licensed in TX
University of Texas

Hello! I am a young attorney with four years' experience in real estate transactions, fund formation, and general corporate transactional work. I graduated in 2016 from the University of Texas - Austin and I am barred in Texas.

Billy Joe M. on ContractsCounsel
View Billy Joe
5.0 (3)
Member Since:
October 25, 2021

Billy Joe M.

Partner Attorney
Free Consultation
Chicago, IL
14 Yrs Experience
Licensed in IL
University of Illinois at Urbana-Champaign

I graduated from the University of Illinois at Urbana-Champaign in 2006 with a degree in Political Science, Finance, and Economics. I stayed around Champaign for law school and graduated in 2009. I then worked at a big law firm in downtown Chicago. It was boring, so I quit in early 2011. I thought that I could not be happy practicing law - I was wrong. After I quit the traditional law firm life, I began representing my own clients. I realize now that I love helping normal people, small business owners, and non-profits address a variety of legal issues. I hope to hear from you.

Phocus L. on ContractsCounsel
View Phocus
5.0 (1)
Member Since:
September 16, 2021

Phocus L.

Attorney
Free Consultation
Phoenix, AZ, USA
12 Yrs Experience
Licensed in AZ, CA
Georgetown University Law Center

G'day, my name is Michele! I work with startups, entrepreneurs and small/medium-sized businesses across the country in a wide array of industries. I help them with all of their ongoing, daily legal needs. This includes entity formation, M&A, contract drafting and review, employment, asset sale & acquisition, and business sales or shareholder exits. I'm half-Australian, half-Italian, and I've lived the last 20+ years of my life in America. I've lived all over the USA, completing high school in the deep south, graduating cum laude from Washington University in St. Louis, and then cum laude from Georgetown University Law Center. After law school I worked for the Los Angeles office of Latham & Watkins, LLP. After four intense and rewarding years there, I left to become General Counsel and VP of an incredible, industry-changing start-up called Urban Mining Company (UMC) that manufactures rare earth permanent magnets. I now work for Phocus Law where I help run our practice focused on entrepreneurs, startups, and SMEs. I love what I do, and I'd love to be of help! My focus is on providing stress-free, enjoyable, and high-quality legal service to all of my clients. Being a good lawyer isn't enough: the client experience should also be great. But work isn't everything, and I love my free time. I've been an avid traveler since my parents put me on a plane to Italy at 9-months old. I'm also a music nut, and am still looking for that perfect client that will engage me to explain why Dark Side Of The Moon is the greatest album of all time. Having grown up in a remote, and gorgeous corner of Australia, I feel a strong connection to nature, and love being in the elements.

David W. on ContractsCounsel
View David
5.0 (1)
Member Since:
September 27, 2021

David W.

Lawyer
Free Consultation
Wisconsin
7 Yrs Experience
Licensed in WI
Marquette Law School

The Law Office of David Watson, LLC provides comprehensive and individualized estate-planning services for all stages and phases of life. I listen to your goals and priorities and offer a range of estate-planning services, including trusts, wills, living wills, durable powers of attorney, and other plans to meet your goals. And for convenience and transparency, many estate-planning services are provided at a flat rate.

Samuel R. on ContractsCounsel
View Samuel
5.0 (24)
Member Since:
October 2, 2021

Samuel R.

Attorney
Free Consultation
Phoenix - Arizona
4 Yrs Experience
Licensed in AZ, PA, UT
Widener University Delaware Law School

My career interests are to practice Transactional Corporate Law, including Business Start Up, and Mergers and Acquisitions, as well as Real Estate Law, Estate Planning Law, Tax, and Intellectual Property Law. I am currently licensed in Arizona, Pennsylvania and Utah, after having moved to Phoenix from Philadelphia in September 2019. I am currently General Counsel for a bioengineering company. I handle everything from their Mergers & Acquisitions, Private Placement Memorandums, and Corporate Structures to Intellectual Property Assignments, to Employment Law and Beach of Contract settlements. Responsibilities include writing and executing agreements, drafting court pleadings, court appearances, mergers and acquisitions, transactional documents, managing outside expert legal counsel, legal research and anticipating unique legal issues that could impact the Company. Conducted an acquisition of an entire line of intellectual property from a competitor. In regards to other clients, I am primarily focused on transactional law for clients in a variety of industries including, but not limited to, real estate investment, property management, and e-commerce. Work is primarily centered around entity formation and corporate structure, corporate governance agreements, PPMs, opportunity zone tax incentives, employee retention credits, and all kinds of business to business agreements. I have also recently gained experience with Estate Planning law, drafting numerous Estate Planning documents for people such as Wills, Powers of Attorney, Healthcare Directives, and Trusts. I am looking to further gain legal experience in these fields of law as well as expand my legal experience assisting business start ups, mergers and acquisitions and also trademark registration and licensing.

Nicholas A. on ContractsCounsel
View Nicholas
Member Since:
August 28, 2021

Nicholas A.

Founder, Victrix Legal LLC
Free Consultation
Buffalo, NY
2 Yrs Experience
Licensed in NY
Liberty University School of Law

I help small business owners build and protect their dreams. I always thought that I would just be a litigator. Then I joined an intellectual property clinic in law school. We were helping nonprofits and small businesses reach their goals. I fell in love with the work and decided to open my own firm so I could keep helping them. When I decided to start Victrix Legal, I decided that it would be a modern law firm designed to serve professionals. It would be different from every other law firm. In my experience, my law firms are designed to promote inefficiency and reactionary lawyering. Because in most firms, you make more money when you spend more time on a project. And you lose money if your client doesn't get sued. In my opinion, that's a built-in conflict of interest. My firm is different. I use flat fees for most basic projects to keep costs predictable for you and incentivize efficiency. I offer long-term advisory plans and legal audits to prevent issues from happening. I want my clients to see me as their business partner, not just the guy they call when they are in trouble. If any of that interests you, please reach out to me. I offer free consultations. Let's set aside some time and talk about what your legal needs are.

Gerald W. on ContractsCounsel
View Gerald
Member Since:
August 28, 2021

Gerald W.

Attorney
Free Consultation
Round Rock, Texas
9 Yrs Experience
Licensed in IL, TX
Valparaiso University School of Law

My clients know me as more than just an attorney. First and foremost, my background is much broader than that. Prior to attending the Valparaiso University School of Law, I earned a Master of Business Administration and ran a small business as a certified public accountant. Thanks to this experience, I possess unique insight which in turn allows me to better assist my clients with a wide range of business and tax matters today. In total, I have over 20 years of experience in financial management, tax law, and business consulting, and I’m proud to say that I’m utilizing the knowledge I’ve gained to assist the community of Round Rock in a variety of ways. In my current practice, I provide counsel to small to medium-sized businesses, nonprofit organizations, and everyday individuals. Though my primary areas of practice are estate planning, elder law, business consulting, and tax planning, I pride myself on assisting my clients in a comprehensive manner. Whenever I take on a new client, I make an effort to get to know them on a personal level. This, of course, begins with listening. It is important that I fully understand their vision so I can help them successfully translate it into a concrete plan of action that meets their goals and expectations. I appreciate the individual attributes of each client and know firsthand that thoughtful, creative, and customized planning can maximize both financial security and personal happiness. During my time as a certified public accountant, I cultivated an invaluable skill set. After all, while my legal education has given me a deep understanding of tax law, I would not be the tax attorney I am today without my background in accounting. Due to my far-reaching experience, I am competent in unraveling even the most complex tax mysteries and disputes. My CPA training benefits my estate planning practice, too. In the process of drafting comprehensive wills and trusts, I carefully account for every asset and plan for any tax burdens that may arise, often facilitating a much smoother inheritance for the heirs of my clients. Prior to becoming certified as a CPA, I made sure to establish a solid foundation in business both in and out of the classroom, and the acumen I’ve attained has served me well. Not only am I better able to run my own practice than I otherwise would be; I am able to help other small business owners fulfill their dreams, as well.

James David W. on ContractsCounsel
View James David
Member Since:
September 3, 2021

James David W.

Partner
Free Consultation
Raleigh, NC
7 Yrs Experience
Licensed in DC, NC
Harvard Law School

I graduated from Harvard Law School and worked first for a federal judge and then a leading DC firm before starting a firm with a law school classmate. My practice focuses on company formations, early-stage investments, and mergers & acquisitions.

Anna K. on ContractsCounsel
View Anna
Member Since:
November 11, 2021

Anna K.

Manager
Free Consultation
Miami, Florida
25 Yrs Experience
Licensed in FL
University of Miami

Anna is an experienced attorney, with over twenty years of experience. With no geographical boundaries confining her practice, Anna works on corporate, healthcare and real estate transactions. Anna brings extensive big firm experience, garnered as an associate in the Miami office of the world's largest law firm, Baker and McKenzie, and the Miami office of the international law firm Kilpatrick Townsend. Her areas of expertise include: mergers and acquisitions, initial public offerings, private placements, healthcare transactions, corporate finance, commercial real estate transaction and acting as a general corporate counsel. Anna is certified to practice law in Florida and was admitted to the Florida Bar in 1998. Anna is also a Certified Public Accountant. She passed May 1995 CPA Exam on the first sitting. She is fluent in Russian (native).

Serge Y. on ContractsCounsel
View Serge
Member Since:
September 22, 2021

Serge Y.

General Counsel
Free Consultation
NYC
11 Yrs Experience
Licensed in NY
Fordham University School of Law

Startup Lawyer that caters to the entrepreneurial spirit. Focusing on building long term relationships and working with emerging startups throughout their entire life cycle. From concept to IPO, I'll will help guide you along the way. Years of high level experience drafting, negotiating, and reviewing all types of transactional contracts, e.g., operating agreements, charters, bylaws, NDAs, Terms of Service, Master Service Agreements, etc. You name it; it's crossed my desk. Have a depth of experience working with the USPTO to file trademarks, copyrights, and patents. If you're in the startup space and need a helping hand, I'm your guy.

Atilla B. on ContractsCounsel
View Atilla
Member Since:
October 4, 2021

Atilla B.

Counsel
Free Consultation
Denver, CO
4 Yrs Experience
Licensed in CO, DC
American University - Washington College of Law

Atilla Z. Baksay is a Colorado-based attorney practicing transactional and corporate law as well as securities regulation. Atilla represents clients in the negotiation and drafting of transactional (e.g. master service, purchase and sale, license, IP, and SaaS agreements) and corporate (e.g. restricted stock transfers, stock options plans, convertible notes/SAFE/SAFT agreements, bylaws/operating agreements, loan agreements, personal guarantees, and security agreements) contracts, in-house documents (e.g. employment policies, separation agreements, employment/independent contractor/consultant agreements, NDAs, brokerage relationship policies, and office policy memoranda), and digital policies (e.g. terms of service, privacy policies, CCPA notices, and GDPR notices). Atilla also reviews, and issues legal opinions concerning, the security status of digital currencies and assets. Following law school, Atilla practiced international trade law at the Executive Office of the President, Office of the United States Trade Representative, where his practice spanned economic sanctions enacted against goods originating in the People’s Republic of China valued at $500 billion. Afterwards, Atilla joined a Colorado law firm practicing civil litigation, where the majority of his practice comprised of construction defect suits. Today, Atilla's practice spans all corporate matters for clients in Colorado and the District of Columbia.

Find the best lawyer for your project

Browse Lawyers Now

Want to speak to someone?

Get in touch below and we will schedule a time to connect!

Request a call

Find lawyers and attorneys by city