An Estate Planning Document Every American Should Have

Estate planning can be a difficult and distressing operation for most, but it is a necessary action to make sure your assets are left to your loved ones.

Creating a complete estate plan contains numerous legal documents, such as a will, trust, and power of attorney. Nonetheless, most Americans tend to overlook one legal document when creating an estate plan--a health care directive. 

A health care directive, also known as a medical power of attorney or living will, is a legal document that can guide you as you make decisions for caregivers in the case of illness or end of life decisions. It can also provide guidance on how the caregiver should take care of your body when you pass.

Creating a health care directive might be difficult for many, but it can help your loved ones make hard decisions in medical circumstances. 

How Can I Create a Health Care Directive? 

To start creating a health care directive, you first need to choose an agent. The agent you choose will perform on your behalf and make the choices that are recorded in your estate plan. It is critical to pick someone who will honor your wishes and values. In a majority of cases, a spouse or an adult child will become an agent for a health care directive. 

Whether you choose to create a living will or medical power of attorney, it could become a long and complex process. Having an experienced estate planning attorney can help you create the legal documents you need to ensure that your wishes are respected in the event of an accident or death. 

What Is a Living Will? 

A living will is a legal document that informs others what your personal choices are about end-of-life medical treatment. It can clarify which procedures or medications you do or don’t want. These decisions are an anticipation in case you are involved in a deadly accident or are currently suffering a serious illness.

A living will is not the same as a normal will because it only explains your desires in specific medical circumstances. It doesn’t describe how you want your assets or property to be handled after your death. 

What Is a Medical Power of Attorney? 

With a medical power of attorney, you can pick an agent to make the difficult medical decisions for you if you are unable talk to the doctors yourself. A medical power of attorney won’t include your desires regarding end-of-life treatment (like a living will); instead, it grants your agent approval to make decisions for you. 

You want to select a person who you can trust to speak on your behalf as well as act with your best interests in mind. You should talk with your agent and explain to them how you would like them to handle medical situations if you are unable to make decisions in the future. 

Advance Directives 

Advance directives are made up of several documents, such as a living will, a medical power of attorney, and precise instructions about a diagnosed illness. An advance directive will help you create a complete estate plan that will honor and protect your wishes in the event of an unforeseen medical issue.

Not having these legal documents would could it complicated for your loved ones to make decisions in tough situations. 

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