What is a Medical Directive?
From Our “Ask a Question” Mailbag: “Whenever I go to the doctor, they ask me if I have a Medical Directive. What is a Medical Directive, and do I need one?”
Medical Directive Lawyer Daniella Horn
What is a Medical Directive?
A Medical Directive is a legal document that outlines your medical wishes and appoints a person as your Agent to speak for you when you can no longer speak for yourself. Doctors want you to have a medical directive because if you are ever incapacitated, the doctor needs to know who can legally speak for you and authorize surgery, treatment, or, perhaps, authorize the removal of all care.
When Does a Medical Directive Come Into Effect?
A Medical Directive, sometimes called an “Advanced Directive,” comes into effect whenever your doctor believes you are incapacitated and unable to make reasoned decisions. They may also be in effect when you are competent and allow someone else to see your medical information. However, if you are competent, the doctor will always listen to your instructions for medical care rather than your Agent
Examples of Various Medical Directives.
Living Will:
- A Living Will outlines your end-of-life treatment instructions. Typically, you decide to either advise your doctor to remove all care if the doctor believes there is no hope of your recovery or your returning to consciousness, or you decide that no matter what your condition, you want all medical care possible used.
Durable Power of Attorney for Health Care:
- This document names a specific person or persons with the power to make medical care decisions for you if you become incapacitated. In some states, such as Pennsylvania, it is typical to combine the Living Will and Durable Power of Attorney for Health Care into one document.
Do-Not-Resuscitate-Order (DNR):
- This document instructs your doctor NOT to perform any lifesaving procedures if your body ceases to function. For example, if you stop breathing, the healthcare providers will no longer perform CPR. A Durable Power of Attorney for Health Care typically will give your AgAgenthe power to sign a DNR on your behalf.
Declaration for Mental Health Treatment:
- A document often used by people who suffer reoccurring mental health issues. This directive outlines your wishes for mental health treatment. This may include instructions for medication, emergency care, and hospitalization.
In Conclusion, There are Several Types of Medical Directives.
In today’s world, where privacy is protected, it is a good idea to have a Medical Directive. This way, your wishes are known, and you select an Agent to ensure they are honored.
If you want to know more, please read my article, Living Wil and Medical POA: Everything You Need to Know.
I hope you found this short article about the benefits of Temporary Guardianship. Contact us if you want to know more or have an estate that needs our help. Let our Probate and Estate Planning lawyers help walk you through what can be a confusing process. Feel free to contact our office for a free consultation. It’s All We Do:
Wills, Trusts, Probate, and Estate Litigation!
It’s What We Do!
Peter Klenk, Esq. Pennsylvania Revocable Trust Lawyer, New Jersey Revocable Trust Attorney
