Most people understand that they should have some kind of health care directive. Fewer people understand exactly what that document does—or, perhaps more importantly, what it does not do.
A health care directive is one of those documents that is easy to sign, file away, and forget about. But when a serious illness or accident occurs, it can become one of the most important documents in your estate plan.
At Lone Star Wills & Trusts, PLLC, we help families create plans designed to provide clear direction when important decisions need to be made. Here are some common misconceptions about health care directives worth clearing up.
“My family will automatically make my medical decisions.”
This may be true, but don’t make that your plan. Many people assume that if they cannot speak for themselves, their spouse or adult child will automatically be able to make medical decisions for them. The laws governing who can make decisions vary, and family relationships do not necessarily eliminate uncertainty or disagreement.
A health care directive allows you to formally identify the person you want to make decisions for you if you cannot make them yourself.
“My health care directive tells my doctor exactly what treatment to give me.”
Not necessarily. A health care directive can communicate your wishes about medical treatment, but it can also appoint someone you trust to make decisions when circumstances arise that you could not have anticipated.
Medicine does not always present families with simple yes-or-no decisions. Your preferences may depend on the particular diagnosis, likelihood of recovery, available treatments, and quality-of-life considerations.
Rather than trying to predict every possible medical situation, your directive can give your chosen decision-maker guidance about your values and wishes while giving them the authority to respond to circumstances as they actually occur.
“If I have a health care directive, my family doesn’t need to know anything.”
A document is helpful, but a conversation is even more useful. Your health care agent may eventually have to make decisions based on information that cannot be completely captured in a form.
What does “quality of life” mean to you? What kinds of outcomes would you consider unacceptable? What matters most to you if you are seriously ill?
You don’t need to have an answer for every possible medical scenario. But having these conversations before a crisis can help the person you choose understand what you would want.
“Once I’ve signed it, I’m done.”
Estate planning documents shouldn’t be treated as permanent snapshots of your life. Your relationships can change, your health can change, and the person you originally chose may move away, become unable to serve, or no longer be the person you would choose today.
Review your health care directive periodically and after major life events. The American Bar Association recommends reviewing it every three years. Doctors and health facilities are more likely to accept an updated document, knowing that it’s more likely reflective of a patient’s current wishes.
“My health care directive covers everything.”
It doesn’t. A health care directive generally addresses medical decision-making. Other documents address other areas of your life. For example, financial powers of attorney deal with financial and legal matters. Your Will addresses the disposition of property after death. Trusts can address management and distribution of assets.
These documents work together, but they do different jobs.
And there is another practical consideration: your health care agent needs to know how to find your documents when they are needed. A perfectly drafted directive sitting in an unknown filing cabinet isn’t particularly useful during an emergency.
A good health care plan combines the legal document with thoughtful conversations, current information, and a person you trust to speak for you. The goal isn’t to control every medical decision from a distance. It’s to make sure that, when you can’t speak for yourself, someone you trust can speak with confidence about what matters to you.
At Lone Star Wills & Trusts, PLLC, we help individuals and families create thoughtful estate plans that provide clear direction when it matters most. If you need to create a health care directive, review the person you have selected to make decisions for you, or update an older estate plan to better reflect your current wishes and circumstances, we can help you determine what changes may be appropriate.
Call 830-415-4005 or visit lswtlaw.com to schedule a consultation.
Lone Star Wills & Trusts, PLLC
Principal Office
111 W. San Antonio St., Suite 210-1
New Braunfels, TX 78130
3303 Oakwell Ct., Suite 120
San Antonio, TX 78218