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Need help with an Advance Health Directive?
While it is hard to think about end-of-life affairs, death is an essential part of life. When you die, it is hard to imagine how your loved ones will handle the aftermath. Your advance health directives provide them with a set of instructions regarding how to handle certain medical decisions.
Your family members may rely on an advance health directives if any of the below examples happens to a family member:
- Terminal illness
- Life support decisions
- Organ donation preferences
- Ceremonial preferences
- Burial or cremation preferences
Your family members will already be stressed during this difficult time, so make things easier on them by creating an advance health directive. Everything you need to know is contained within the article below.
What is an Advance Health Directive?
Advance health directives, also called a “living will,” is a personal directive that you leave to your medical power of attorney to make medical decisions as your healthcare proxy if you are unable to do so in a hospital. You can appoint your healthcare proxy through a durable power of attorney. An advance health directive generally prescribes how to handle specific medical events, such as a terminal illness, as you would if you could consciously make them.
Who Needs an Advance Health Directive?
Everyone should have an advance health directive since everyone has legal rights and may face medical events in the blink of an eye. While it may not be readily apparent, your advance health directive is an essential gift to your loved one. Instead of fretting about your condition as well as making medical decisions, they will have a signed piece of paper in your words that take this burden off their plate.
Here’s another article about advance health directives.
Types of Advance Directives
Advance directives were designed to allow someone to make decisions in your absence regarding every area of your life. If you become incapacitated, your healthcare proxy is better off having authority and direction so that they can follow through on your wishes. There are different types of advance health and financial directives that you will want to create in a comprehensive estate plan.
Types of advance directives include:
- Financial power of attorney
- Advance financial directive
- Medical power of attorney
- Advance health directive
- Living will
You should also name an individual you trust implicitly, such as a spouse, parent, or adult-aged child. The person you name in these directives will essentially have complete control over your health and finances. Ensure that you have the right person in place.
This article also discusses advance directives.
Parts of an Advance Health Directive
There are key components that every advance health directive should contain to serve its intended purpose. Carefully consider the decisions that you will have to make. It can be unpleasant to think about some of these issues, but it is essential that your family has guidance and support in your voice during an already emotionally difficult moment.
Parts of an advance directive include:
- State your name
- Acknowledge of authority
- Ceremonial and burial/cremation preferences
- Living will directives for terminal conditions and vegetative states
- Other wishes related to organ donations and autopsies
- Signature and dateline
- Witness signature and dateline
Upon signing, your advance health directive is active. Make sure that your durable power of attorney understands expectations and offers clarity if they have questions. A thorough strategy always achieves better results when it comes to estate planning.
You will also want to become familiar with key terms specific to advance health directives, such as:
- Term 1. Advance health directive
- Term 2. Artificial life support
- Term 3. Durable power of attorney
- Term 4. End-of-life-care
- Term 5. Living will
- Term 6. Organ donation
- Term 7. Persistent vegetative state
- Term 8. Terminal health condition
- Term 9. Tissue donation
Upon completing your advance health directive, do not share it with your medical provider. If you later decide to update your advance health directive, and they have an old copy on file, your doctor will use that one instead. You simply need to let your loved ones know that you have an advance health directive in case the unthinkable happens.
Here’s an article about medical and financial directives.
Examples of an Advance Health Directive
Advanced health directives address any medical situation that you could face in an unconscious or limited state. These directives are provided to a trusted individual, like a partner, spouse, or adult child, who can carry them out according to your wishes. There are more specific scenarios that come into play when using an advance health directive.
Five examples of when you would use an advance health directive include:
- Indicating that you want to donate your body to science
- Providing instructions to a spouse in case you’re on life support
- Communicating how you would like to handle end-of-life affairs
- Specifying which organs you are comfortable donating to science
- Establishing whether or not to leave your body on life support
There are other situations in which you may rely on a health directive. However, they are generally limited to end-of-life medical decisions. Do not feel guilty about expressing your true desires and get help with advance health directives from a licensed attorney in your state.
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Get Help with an Advance Health Directive
Get help with an advance health directive by speak with estate planning lawyers . Not only is it a smart, practical way to handle things legally, but they also offer reassurance. They will guarantee that your loved ones have the information they need to make decisions on your behalf.
Here are a few other compelling reasons as to why you should hire estate planning lawyers to get help with an advance health directive.
How Estate Planning Lawyers Help
If you think about it, hiring an attorney is a way to pay someone else to take on your legal problems. Your lawyer has a legal obligation and duty to not take any legal chances. It becomes their liability and problem otherwise, which leaves your family in the clear should an issue arise after your passing.
Estate planning lawyers can also help you tackle other issues related to your end-of-life affairs, including:
- Avoiding probate
- Taking tax advantages
- Transferring wealth
- Protecting your assets
- Providing for your family
- Legal drafting of documents
- Public notary services
Your attorney can draft a living trust, pour-over will, last will and testament, advance health directives, and powers of attorney . Consider discussing your case with a legal professional as soon as possible. Doing so will help you install an advance health directive as quickly as possible while considering all of your legal needs and desires.
Cost of Hiring Estate Planning Lawyers
The legal industry is responding to consumer demands. Estate planning lawyers can draft your health directives for a fairly affordable fixed cost. However, you may decide to draft a more comprehensive estate plan, which can significantly increase your fixed costs.
Other Estate Planning Documents
You may have other legal needs to fulfill when it comes to estate planning. Your attorney will incorporate them into your overall project to ensure that every objective is accounted for. They can offer suggestions, strategies, and insights that you will not find online.
Meet some of our Advance Health Directive Lawyers
I have been practicing law for 35 years. In addition to my law degree, I hold an MBA. I've created six companies, currently act as outside counsel to another 12, and have been an advisor to more than 500 startups and entrepreneurs.
I am a licensed and active Business Attorney, with over 20 years of diverse legal and business experience. I specialize in contract review, drafting, negotiations, ecommerce business transactions, breach of contract issues, contract dispute and arbitration. I am licensed to practice in New York and Connecticut. I am a FINRA and NCDS Arbitrator. My experience includes serving as General Counsel to small businesses. I negotiate, draft and review a wide array of commercial contracts; provide business strategy and employment advice and assist in the sale of businesses entities. I work extensively with various kinds of contracts. In reviewing agreements, I conduct risk analysis of contract and interpret the terms and conditions so that clients understand exactly what their obligations are under the agreement and are protected as much as the law requires. I am detailed and thorough in my review and drafting of agreements. Additionally, I advise clients on how to limit their liability and lower their contractual risk. I specialize in breach of contract issues and arbitration. I have been a Hearing Officer, presiding over cases and rendering written decisions; a Civil Court Arbitrator presiding over cases in contract law, commercial law, etc., a Judicial Clerk in Civil Court; a Vice President at an Investment Bank and an Attorney at top AML law firms.
Carlos Colón-Machargo is a fully bilingual (English-Spanish) attorney-at-law and Certified Public Accountant (CPA) with over twenty years of experience. His major areas of practice include labor and employment law; business law; corporate, contract and tax law; and estate planning. He is currently admitted to practice law in Georgia, Florida, the District of Columbia and Puerto Rico and currently licensed as a CPA in Florida. He received a Master of Laws from the Georgetown University Law Center in 1997, where he concentrated in Labor and Employment Law (LL. M. in Labor and Employment Law) and a Juris Doctor, cum laude, from the Inter American University.
Graduate of Georgetown Law (J.D. and LL.M in Taxation) Injury Claims Adjuster before law school for top insurer Eight plus years of legal experience Past roles: Associate at premier boutique law firm in the DC metro area Policy Associate at a large academic and research institution Solo Practice Areas of Expertise: Contracts Business Formation Trusts and Estates Demand Letters Entertainment Transactions
As a business law attorney serving Coral Springs, Parkland, and Broward County, FL, Matthew has been recognized as “AV” rated, which is the highest rating an attorney can achieve through Martindale’s Peer Review system. Year after year Matthew is listed in the “Legal Leaders” publication as a top-rated attorney in South Florida in the areas of litigation, commercial litigation, and real estate. Matthew is also a graduate and instructor of the Kaufman Foundation’s FastTrac NewVenture Program, presented by the Broward County Office of Economic and Small Business Development.
John Benemerito is the Founder and Managing Partner of Benemerito Attorneys at Law. Admitted to practice in New York and New Jersey, John represents small business owners and startups in the areas of Business and Securities Law. John received his Bachelors Degree at John Jay College of Criminal Justice where he majored in Criminal Justice. Afterwards, he attended New York Law School where he focused his studies on Corporate and Securities Law. John comes from a family of entrepreneurs. From as far back as he can remember he was always involved in his family’s numerous businesses. At the age of fifteen, John entered into a new business venture with his father and managed to grow and maintain that business through high school, college and law school.John is currently a co founder in over five different businesses. After law school, John decided that he wanted to help people like himself. He opened his own law practice and began working primarily with small business owners until he was introduced into the startup world. Ever since that time, John has worked with hundreds of startups and thousands of entrepreneurs from all different backgrounds in helping them achieve their goals. Having been an entrepreneur his entire life, John understands what it takes to create and maintain a successful business. He enjoys sitting down and working with his clients in figuring out each of their unique challenges.
California-based small business attorney handling matters related to securities, mergers & acquisitions, corporate governance, and other business transactions.