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A Journey Into Estate Planning: The Health Care Directive

June 23, 2017

(First read the introduction post and find links to the other Journey Into Estate Planning posts).

 

The Health Care Directive (HCD) is a document everyone over the age of 18 should have regardless of marital status, wealth, or health.  The HCD directs your doctors and medical professionals as to your wishes if you cannot express them yourself.  The HCD goes into effect upon signing it, but is only used if the medical personnel cannot communicate with you.

 

The document will name at least one (but usually a primary and alternate) health care agent to act on your behalf.  Beyond naming an agent, some HCDs are very broad with little direction; others are very specific with lots of direction.  Many HCDs land somewhere in the middle.  I often tell my clients that you should think of the HCD like a letter to your agent.  If you talk with them regularly about your medical decisions, it can be a quick check-in letter.  If you don’t regularly communicate or have never communicated your wishes, it should be more detailed.  I also encourage people to let their health care agent know that they’ve been named, even sharing the HCD with their agent.

 

The HCD is a document that should be routinely reviewed.  Certainly before major medical occurrences (surgery, birth of a child, on-going medical treatments, etc.) and during major life events (marriage, new child, divorce, death of an agent, new medical diagnosis), but also as part of your annual physical.  Are your beliefs still the same?  Do you want the same agents?  Is the contact information for the agents still accurate?

 

Many people find the drafting of the HCD is more difficult emotionally that the drafting of their Will.  With the HCD you’re planning for that gray-ish time when you’re not well, but still alive.  With the Will, you’ve already died.  It’s a little more black and white.

 

While you can certainly draft your own HCD, I recommend consulting with an attorney who can be helpful in the process.  If you have questions about estate planning for yourself or your family, contact Claire Tralle to set up a free initial consultation today.

 

The information in the Journey Into Estate Planning series are intended to provide information only.  No legal advice is being provided or implied via this blog post.  No attorney-client relationship is formed by providing this information.  An attorney-client relationship with Tralle Law, LLC is formed only after a retainer contact is signed by all parties.