Estate Planning: Understanding DNR Orders

Preparing for future health care needs is a vital—and too often under-looked—aspect of estate planning. There may eventually come a time when you will not be in a position to make your own medical decisions. A proper estate plan can ensure that you are able to have input on your care, if and when that time comes . It is not uncommon for people to opt to include a DNR order as part of an estate plan. Here, our Boston estate planning attorney provides a detailed guide to DNR orders and the health care aspects of estate planning in Massachusetts.

What is a DNR Order? 

A Do Not Resuscitate (DNR) order is a medical directive used by individuals who wish to avoid receiving either or both of:

• Cardiopulmonary resuscitation (CPR); and
• Advanced cardiac life support (ACLS).

Emergency care may be provided to a person whose heart stopped or who stopped breathing. Notably, the legal order is typically signed by both the patient (or in the event that the patient is unable to make his or her own health care decision, the Health Care Proxy named in the principal’s Health Care Proxy)and their healthcare provider. It is an integral part of end-of-life planning. The primary purpose of a DNR order is to ensure that medical personnel do not perform life-extending procedures that a person does not want. 

Why Do People Include DNR in their Estate Plan? 

People include DNR orders in their estate plans to ensure that their end-of-life medical care aligns with their personal preferences—avoiding unwanted aggressive medical interventions. Some people do not want aggressive care at the very end of their life. 

A Living Will Allows You to Leave Specific Instructions for Medical Care 

A Living Will is a key estate planning document. It allows people in Massachusetts to outline their preferences for medical treatment should they become unable to communicate their decisions due to illness or incapacity. To be clear, the document differs from a DNR order by covering a broader range of medical interventions and scenarios—not just the cessation of heartbeat or breathing. In other words, a Living Will may or may not include DNR.   In Massachusetts, a Living Will is not legally binding and more a memorialization of your preferences to your family and Health Care Proxy in certain, defined circumstances.      Given that the document is not legally binding, it is always best to provide such written or verbal preferences  to your Health Care Proxy, as medical providers consult the individual named in the Health Care Proxy, as opposed to referencing the Living Will. 

You Should Also Empower a Trusted Person as Health Care Proxy 

Beyond creating a Living Will and a DNR order, it is advisable to appoint a Health Care Proxy. A Living Will is a great tool—but you cannot anticipate everything ahead of time.  A Health Care Proxy names that  trusted person(s) who is authorized to make medical decisions on your behalf if you are unable to do so. The Proxy should be someone who understands your medical preferences and values deeply.

Contact Our Boston Estate Planning Attorney Today

At Fisher Law LLC, our Boston estate planning attorneys help clients navigate health planning matters. If you have any questions about DNR orders or Living Wills more broadly, we are more than ready to help. Contact our firm today for a completely confidential initial appointment. Our firm provides estate planning services throughout all of the Greater Boston area, including Suffolk County, Middlesex County, Norfolk County, and Plymouth County.