Advance directives are estate planning documents that take effect before a person dies. Powers of attorney can designate agents to act on behalf of an incapacitated person. A health care directive, known as a living will in Texas, is also an important document to create.
Living wills clearly outline an individual’s preferences regarding medical care. People can draft living wills for their own benefit or for the support of their family members in a stressful emergency situation.
How can a living will protect the people closest to an incapacitated adult?
1. Naming a medical agent
Some people draft separate medical powers of attorney to establish an agent. Others use their living wills to nominate someone they trust and possibly an alternate candidate to manage their medical needs in an emergency. Choosing a medical agent who is close enough to be trustworthy but not close enough to be emotionally overwhelmed in an emergency can take pressure off family members.
2. Providing clear instructions
A living will specifically addresses the care and treatment preferences of an incapacitated individual. Individuals experiencing high levels of stress may struggle to recall conversations that may have happened years ago. A living will provides black-and-white clarity regarding an individual’s specific medical preferences.
3. Limiting family conflict
People who are stressed and scared often lash out at others in their inner circle. One person’s hospitalization can damage the relationships among their closest loved ones. When family members can easily refer to a document regarding wishes and medical authority, the possibility of conflict decreases significantly.
Planning for the possibility of future incapacity is beneficial for a person creating documents and the people who love them. A thorough estate plan should address not just what happens after someone dies but also what should happen if they experience a major personal emergency.