In 2020 when it appeared that the pandemic was ramping up, instead of dying out, many Americans got wise to the need for a Healthcare Directive. With so many dying from the coronavirus, it became apparent that preparing for death or incapacity was not just a concern for the elderly.
So what is the Healthcare Directive? First and foremost, it is one of the important documents you should include in your estate plan. It is also one of the relatively easy things you should do for yourself. It is an act of genuine self-love.
What Is a Healthcare Directive?
It is a legal instrument where you designate someone (an agent) to act on your behalf if you become incapacitated. The Healthcare Directive authorizes your agent to make healthcare-related decisions when your capacity is diminished or you are too ill to make such decisions on your behalf. Not all such documents are created equal because not all lawyers draft documents similarly. Then if you don’t even have a lawyer preparing your documents, it is more likely an important component of the Healthcare Directive will be omitted.
Why is it essential to have a valid Healthcare Directive now?
As of January 4, 2023, the current 7-day average of weekly new Covid cases was 67,243. That was an increase of 16.2% compared with the previous 7-day average of 57,847. 101,094,670 COVID-19 cases have been reported in the United States as of January 4, 2023. Many people minimize these numbers and say, “Well, I won’t die.” While that might be true, since no one knows precisely how they will be affected by the virus, it’s best to plan for the worst and hopes for the best. Part of responsible planning is ensuring someone can step into your shoes and make healthcare decisions for you.
How Do You Choose the Right Person?
This is an important role with significant responsibility. For that reason, you should choose carefully. The person you select will have the power to make critical healthcare decisions, e.g., consenting to a treatment plan, refusing medical treatment, and hiring and firing healthcare aides. Depending upon how the lawyer drafts the Healthcare Directive, the agent will also have the authority to access your private medical information. In an earlier blog, “What is an Agent for Healthcare and Finance,” I discussed how they are chosen in more detail.
Francine D. Ward
Attorney-At-Law, Author, Speaker
Follow Francine:
Don’t miss Francine’s Latest Blogs:
- Common Contract MistakeCommon Contract Mistake #1. Not Having Written Agreements with EVERYONE You Do Business With. Common contract mistake. Without question, the most common contract mistake is not having the terms of… Read more: Common Contract Mistake
- AI and PatentsAI and Patents. Understanding Patent Law in the Age of AI. Patents, along with Copyrights, Trademarks, Trade Secrets, and Rights of Publicity, are one of the five areas of practice… Read more: AI and Patents
- Effective Goal SettingSetting Goals. It’s that time of year, time to plan for effective goal setting. A time when some of us start thinking about goals for the upcoming year. If you… Read more: Effective Goal Setting
- Indemnify AI UseBeware of companies that say they will indemnify AI use, that they will pay ALL the legal costs incurred by customers using Generative AI services (like ChatGPT, CoPilot, or Bard).… Read more: Indemnify AI Use
- Trademark A NameHow to Trademark a Name A trademark can be a word, phrase, design, logo, color, sound, or a combination of those things that identifies the source of a product or… Read more: Trademark A Name
