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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
Terry Brennan is an experienced corporate, intellectual property and emerging company transactions attorney who has been a partner at two national Wall Street law firms and a trusted corporate counsel. He focuses on providing practical, cost-efficient and creative legal advice to entrepreneurs, established enterprises and investors for business, corporate finance, intellectual property and technology transactions. As a partner at prominent law firms, Terry's work centered around financing, mergers and acquisitions, joint ventures, securities transactions, outsourcing and structuring of business entities to protect, license, finance and commercialize technology, manufacturing, digital media, intellectual property, entertainment and financial assets. As the General Counsel of IBAX Healthcare Systems, Terry was responsible for all legal and related business matters including health information systems licensing agreements, merger and acquisitions, product development and regulatory issues, contract administration, and litigation. Terry is a graduate of the Georgetown University Law Center, where he was an Editor of the law review. He is active in a number of economic development, entrepreneurial accelerators, veterans and civic organizations in Florida and New York.
I'm a Washington-licensed lawyer specializing in trademark practice and with an extensive trademark education and academic background. I currently work with domestic and international businesses seeking trademark protection in the U.S. by conducting trademark searches, providing legal advice, submitting USPTO applications, and preparing responses to office actions. I'm passionate about trademark law and always looking forward to helping small and medium businesses promote their value by having a registered federal trademark. If you have questions or concerns about trademark/copyright/IP licensing and require legal advice, feel free to contact me so we can have a first chat.
Mr. Pomeranz serves as the principal of Pomeranz Law PLLC, a boutique law firm representing clients across myriad industries and verticals. Before founding the firm, Mr. Pomeranz served as Senior Vice President, Legal & Compliance and General Counsel of Mortgage Connect, LP in 2017. Mr. Pomeranz also served as Counsel, Transactions for Altisource Portfolio Solutions S.A. (NASDAQ: ASPS) beginning in 2013, and was based in the company’s C-Suite in Luxembourg City, Luxembourg. Mr. Pomeranz began his career with Mainline Information Systems, Inc. as an in-house attorney.
I have 10 years experience providing general counsel, in the form practical and timely legal advice, under strict deadlines to individuals and various business unit stakeholders, balancing commercial needs with legal concerns at large corporations and start-ups. I am skilled at reviewing, analyzing, drafting and negotiating commercial and government contracts globally for the procurement and sale of services and goods. I also help clients ensure compliance with regulations (including data privacy), laws and contractual obligations and protect, enforce and exploit intellectual property rights and support in the development of IP strategy. I am a Certified Information Privacy Professional/United States (CIPP/US) licensed by the IAPP - International Association of Privacy Professionals.
Over 15 year experience drafting, reviewing and negotiating contracts both as in-house counsel and in law firms, including my own law firm.
Rinky S. Parwani began her career practicing law in Beverly Hills, California handling high profile complex litigation and entertainment law matters. Later, her practice turned transactional to Lake Tahoe, California with a focus on business startups, trademarks, real estate resort development and government law. After leaving California, she also served as in-house counsel for a major lending corporation headquartered in Des Moines, Iowa as well as a Senior Vice President of Compliance for a fortune 500 mortgage operation in Dallas, Texas prior to opening Parwani Law, P.A. in Tampa, Florida. She has represented various sophisticated individual, government and corporate clients and counseled in a variety of litigation and corporate matters throughout her career. Ms. Parwani also has prior experience with state and federal consumer lending laws for unsecured credit cards, revolving credit, secured loans, retail credit, sales finance and mortgage loans. She also has served as a special magistrate and legal counsel for numerous Florida County Value Adjustment Boards. Her practice varies significantly from unique federal and state litigation cases to transactional matters. Born and raised in Des Moines, Iowa, Ms. Parwani worked in private accounting for several years prior to law school. Her background includes a Certified Public Accountant (CPA) certificate from Iowa (currently the license is inactive) and a Certified Management Accountant (CMA) designation (currently the designation is inactive). Ms. Parwani or the firm is currently a member of the following organizations: Hillsborough County Bar Association, American Bar Association, Tampa Bay Bankruptcy Bar Association, National Association of Consumer Bankruptcy Attorneys, and the American Immigration Lawyers Association. She is a Fellow of the American Bar Association. Ms. Parwani is a frequent volunteer for Fox Channel 13 Tampa Bay Ask-A-Lawyer. She has published an article entitled "Advising Your Client in Foreclosure" in the Stetson Law Review, Volume 41, No. 3, Spring 2012 Foreclosure Symposium Edition. She is a frequent continuing legal education speaker and has also taught bankruptcy seminars for the American Bar Association and Amstar Litigation. She was commissioned by the Governor of Kentucky as a Kentucky Colonel. In addition, she teaches Immigration Law, Bankruptcy Law and Legal Research and Writing as an adjunct faculty instructor at the Hillsborough Community College Ybor campus in the paralegal studies program.
Possesses extensive experience in the areas of civil and transactional law, as well as commercial litigation and have been in practice since 1998. I addition I have done numerous blue sky and SEC exempt stock sales, mergers, conversions from corporations to limited liability company, and asset purchases. I have worked in commercial litigation, corporate and transactional law, intellectual property and bankruptcy. In recent years I have expanded my practice to include family law, personal injury, medical malpractice, and wrongful death.