Three Things You Should Do To Ensure Your Health Care Wishes Are Respected In Massachusetts
Incapacity planning is an important part of estate planning. The risk of incapacity is very real—and it is one that too many people do not think about. According to a study cited by the National Institutes of Health (NIH), approximately 56 percent of Americans are incapacitated during the last month of their life. Even more striking, around one in five are incapacitated for at least one year prior to their passing. If you have specific wishes regarding health care, it is imperative that they are addressed in your estate plan. Here, our Massachusetts estate planning attorney highlights three things that you need to do to make sure that your health care wishes are being fully respected.
- Write a Living Will (Advanced Directives)
If you have specific wishes regarding your own health care, you need to write a living will. Also referred to as advance medical directives, a living will is your opportunity to write down your exact health care wishes in a document. Unlike other jurisdictions, a Living Will or Advanced Directive is not legally enforceable; however, it is a note or a set of instructions for your health care proxy to follow and provides peace of mind to your family knowing that they or someone else is acting in accordance with your wishes.
For example, imagine that you suffered from a severe stroke and cannot communicate your wishes directly. Your living will can dictate whether to receive life-sustaining treatments. It ensures that your health care wishes are respected and followed even if you cannot communicate them.
- Appoint a Trusted Health Care Proxy
You cannot plan for all future health care needs ahead of time. As important as a living will is for an estate plan, it is not, by itself, a comprehensive document. With that in mind, you should designate a trusted person as your health care proxy. When you do so, he or she will be empowered to make medical decisions on your behalf should you become incapacitated. Appointing a health care proxy ensures that someone who understands your values and wishes can advocate for your health care preferences during critical times.
- Clearly Communicate Your Wishes
Communication is a key part of estate planning—including for health care planning. It is a best practice to regularly discuss your health care preferences with your family, friends, and medical providers to ensure everyone understands your wishes. Clear communication can prevent misunderstandings and ensure that your desires are honored. For example, if you have specific thoughts about end-of-life care, discussing these with your doctor and your closest family members can help align their actions with your wishes.
Contact Our Massachusetts Estate Planning Lawyer for Immediate Help
At Fisher Law LLC, we provide solutions-focused estate planning representation to people and families in the Commonwealth. If you have any questions about health care planning—whether about living wills, health care proxies, or any other matter—we are here to help. Contact us today to arrange your fully confidential consultation. Our firm serves clients throughout the Greater Boston Area, including in Suffolk , Norfolk , Bristol, Plymouth and Middlesex Counties.
Source:
pmc.ncbi.nlm.nih.gov/articles/PMC3773297/#:~:text=The%20prevalence%20of%20disability%20rose,50%25%3B%20p%20for%20trend%20%3C.
