There is a lot more that goes into estate planning than you may realize. While a will is one of the most important foundational documents of your estate plan, there are a number of options you may wish to consider using in conjunction with this document in Ypsilanti and the surrounding Michigan communities. You may also want to create trusts, a power of attorney, an advance healthcare directive, and so on. An advanced healthcare directive is a legal document that allows you to specify your medical treatment preferences and appoint a trusted individual to make healthcare decisions on your behalf in the event you become incapacitated. This ensures your family can make decisions that align with your wishes regarding your health. The following blog explores what you should know about these matters, including the importance of working with experienced Washtenaw County advanced healthcare directive attorneys.
What Is an Advance Healthcare Directive in Michigan?
An advance healthcare directive is a document that discusses your end-of-life care. There are times when someone becomes incapacitated or is no longer of sound mind. In these cases, he or she can not communicate his or her healthcare wishes. To avoid this situation, many people choose to create an advanced healthcare directive. In Michigan, this document is often referred to as a Designation of Patient Advocate, which allows you to legally appoint someone to make decisions on your behalf
This document typically combines a living will and healthcare power of attorney, ultimately ensuring both your treatment preferences and the person you have appointed to make decisions on your behalf are clearly defined.
In practice, this document generally includes a living will, which explains your treatment preferences, and a healthcare power of attorney, which appoints someone to make decisions on your behalf.
What Does an Advanced Healthcare Directive Include?
- Authorize loved ones to obtain medical records in emergency situations
- Indicate whether the document is effective immediately or upon a finding of incapacity
- Set the standard for determining your incapacity
- Communicate your wishes to receive or not receive life-saving care
- Ensure decisions are made in accordance with your beliefs, principles, or religious practices
- Appoint a healthcare proxy on your behalf
- Specify preferences for treatments, like:
- Mechanical ventilation
- Tube feeding
- Life support measures
- Pain management or palliative care
- Include organ donation wishes
- Identify preferences regarding doctors or hospitals
- Any additional healthcare wishes or concerns
Why Is an Advanced Healthcare Directive Important?
While establishing a will can help ensure that your wishes regarding your personal property are honored, you cannot include matters related to your health, as a will only takes effect following the death of the testator and the subsequent submission of the document to the probate court.
As such, establishing an advanced healthcare directive ensures that your medical care reflects your wishes, even if you cannot communicate them yourself.
Key Benefits of an Advanced Healthcare Directive
- Ensures you have control over your medical decisions
- Prevents confusion or disputes among family members
- Reduces emotional stress in the event of a medical emergency
- Prevents delays for critical treatment
- Gives doctors and other providers legal clarity
- Helps prevent time-consuming and expensive court involvement
- Ensures dignity and respect during end-of-life care
What Happens if You Don’t Have One?
- Disputes among family members may arise regarding your care
- Decisions may be delayed, putting your health at risk
- A court may appoint someone to make decisions before you
- Your personal wishes may not be followed
- Legal disputes may result in lasting family conflict
How Can I Create an Advance Healthcare Directive in Michigan?
If you are interested in creating an advanced healthcare directive, you will want to contact a skilled estate planning attorney. An estate planning attorney can create a personalized estate plan that fits the needs of you, your health, your wishes, and your loved ones. Keep in mind, it is never too early to create an advanced healthcare directive. The future is unpredictable, and it is always a good idea to be prepared.
Steps to Create an Advanced Healthcare Directive
- Reflect on your healthcare wishes and values
- Decide what treatments you do and do not want
- Appoint someone trusted to serve as your proxy or agent
- Discuss your wishes with family and loved ones
- Work with an estate planning attorney to draft the document
- Sign the document in accordance with the legal requirements in Michigan
- Share copies with your medical providers and doctor
Because Michigan law governs how these documents must be drafted and executed, working with an attorney ensures your document is valid and enforceable.
Contact Our Michigan Estate Planning Firm
If you are interested in creating an advanced healthcare directive in Ypsilanti, Manchester, Dexter, or the surrounding Washtenaw County communities, contact our firm today to begin the process. Additionally, if you are interested in any other aspects of estate planning, do not hesitate to reach out to Collis, Griffor, & Hendra today. We are here to assist with all of your estate planning needs. Our team understands how complicated these matters can be to navigate, which is why we will do everything in our power to help you achieve peace of mind for the future. Contact us today to learn more.