Perhaps the most important component of comprehensive Estate Planning is creating a legally binding set of instructions with regard to your health care wishes in the event of incapacity. Normally when you have a health issue, it is your basic civil right to weigh the medical options, examine the advice given to you by your health care providers, assess the risks and benefits, and settle on a course of action. However, if you are incapacitated, who is going to make such important and personal decisions on your behalf and how will that person know what you would want?
The best way to address these issues is to execute an Advance Health Care Directive ("AHCD"). The AHCD has two main elements. The first element is to designate an agent to make health care decisions on your behalf if you are incapacitated. Your agent's role is to choose your doctor and your health care provider, speak with your health care team regarding your condition and your treatment options, review your medical record and authorize its release when necessary, and accept or refuse medical treatment, including artificial nutrition and hydration and resuscitation attempts. In choosing your agent, you should consider if that person will be available when needed, is willing to speak on your behalf, knows you well and understand your beliefs, will be comfortable asking your health care team questions, will do his/her best to make decisions in accordance with what you would have wanted, and is willing to be an advocate on your behalf. It is also a good idea to designate alternate agents in case your first choice is unwilling or unable to act as your agent.
The second element of an AHCD is to generally express your wishes with respect to your health care. You can write your preferences about accepting or refusing life-sustaining treatment, receiving pain medication, making organ donations, indicating your main doctor for providing your care, or other things that express your wishes and values.