Approximately a third of individuals incorrectly determine the end-of-life preferences for a loved one, according to the National Institute on Aging (NIA), highlighting the importance of planning for this scenario. The main way to ensure a person’s loved ones follow their wishes concerning medical care when they become incapacitated is to implement advance directives. Learn about what an advance directive is, including how it differs from a medical power of attorney, and find out the answers to your estate planning queries by reaching out to Roulet Law Firm, P.A.; call (941) 909-4644 to discuss these concerns with a Florida estate planning attorney or (763) 420-5087 to speak to the legal team at our Minnesota office. Or you can fill out the contact form on this page and a member of our team will reach out to you to schedule your consultation.
What Are Advance Directives?
Per the Minnesota Board on Aging, advance directives refer to written tools utilized to outline an individual’s healthcare decisions in the event that they cannot communicate these preferences themselves; to use these documents effectively, the recommended approach is to review and update them annually or after major life events, such as significant health changes, retirement, family member death, marriage, divorce, or an interstate move, to reflect changing circumstances. The two main types are a living will and a medical, or healthcare, power of attorney (POA), which Minnesota combines into a single healthcare directive, whereas Florida recognizes these two documents but refers to the latter as a healthcare surrogate designation. Below is an explanation of a living will and a durable power of attorney for healthcare, as well as other types of advance directives.
Living Will
Living wills inform doctors of a person’s emergency treatment preferences when they cannot convey these. They typically outline the medical care or treatments they want, the ones they prefer not to have, and the conditions where these decisions apply. Importantly, these documents do not nominate an agent, and if this mechanism conflicts with a POA, the POA usually takes precedence.
Durable Power of Attorney for Healthcare
Durable powers of attorney for healthcare are legal documents nominating an individual’s healthcare proxy, someone who makes their medical decisions when they cannot communicate these themselves, such as when a person has a stroke or experiences a severe accident. This proxy, referred to as an agent or representative, or a surrogate in Minnesota, is typically aware of the person’s wishes and values. This document can complement a living will or someone may only use this instead.
Other Examples
One other example includes do-not-resuscitate orders (DNRs), which state that a person does not wish medical professionals to revive them if their heart stops when undergoing treatment. Individuals with terminal illnesses may have these in place if they do not want to experience prolonged life while relying on extensive medical treatment. Another type is physician orders for life-sustaining treatment (POLST), outlining instructions concerning an individual’s preferences during a healthcare emergency; rather than contradicting or replacing a living will, or other advance directives, these give additional instructions for certain medical scenarios.
What Happens if You Do Not Have an Advance Directive?
Without advance directives, family members cannot make healthcare decisions on behalf of a loved one unless they seek a conservatorship or guardianship order from a court. As a result, advance directives help avoid possible legal issues related to a person’s medical care, alongside reducing the time and costs required to resolve them.
Explore the difference between an advance directive and a medical power of attorney in greater detail, and learn how Roulet Law Firm, P.A. can assist individuals with their estate planning concerns. Contact our firm today to book a consultation with a Florida or Minnesota estate planning attorney.
What Is the Difference Between an Advance Directive and a Medical Power of Attorney?
Medical POAs are kinds of advance directives where the individual who creates the POA gives another person (the proxy) the authority to make healthcare-related decisions on behalf of the person establishing the POA if they become incapacitated and cannot do this themselves. Typically, the proxy is a family member or spouse and should be someone who can openly discuss end-of-life and other healthcare matters, can legally become a proxy in that state (meaning it must be an adult), can respect the wishes of the person making the POA, even in contentious matters, and is not on the medical team of the individual establishing the POA. While they are advance directives, advance directives can also include living wills, stipulating the procedures a healthcare provider can and cannot make, such as the use of feeding tubes or CPR; when living wills omit these details, healthcare proxies named in medical POAs may choose to use these procedures on behalf of the patient.
Creating and Changing Advance Directives
Like many legal mechanisms, the requirements and forms for creating advance directives vary between states. For instance, in Minnesota, they must contain the person’s name, be written, dated, and signed by the person creating the document (or someone authorized to sign on the person’s behalf) when they can understand and convey their healthcare preferences, notarized or witnessed by two people, and include either healthcare instructions or an agent’s appointment. Florida also requires two individuals to witness the signing of advance directives, one of which cannot be a blood relative or spouse, and both of these states do not require the completion of a specific form, whereas other states may.
After drafting advance directives, consider reviewing these with a doctor and the agent to check for correctness, provide copies to these parties and note who has these, store originals someplace safe and accessible, take a copy when traveling, create a card to keep in a wallet or purse that outlines the identity of the agent and the location of the copies of the advance directives, and discuss the nature of the advance directives with family members, close friends, and other loved ones so they clearly understand the person’s healthcare wishes to avoid potential conflict. A person may alter their directives whenever they wish by creating new ones (in line with state requirements), distributing updated copies, destroying old ones, and discussing these changes with their primary doctor, friends, family members, and nominated agents.
Arrange a Consultation With a Florida and Minnesota Estate Planning Lawyer To Understand More
End-of-life preparations can be daunting due to individuals having to navigate the complications of estate planning, such as learning about the different terms. Consider speaking to an experienced attorney to overcome these challenges and effectively plan for the future. Acquire a more detailed understanding of what an advance directive and medical power of attorney are, as well as their differences, and discover how to construct sound estate plans by speaking to a knowledgeable Minnesota or Florida estate planning lawyer; to continue this discussion, call Roulet Law Firm, P.A. today at (763) 420-5087 or (941) 909-4644. Or you can fill out the contact form on this page and a member of our team will reach out to you to schedule your consultation.
Or if you are not yet ready to schedule a consultation and would like to learn more, here are some additional resoruces for you:
Join us in my masterclass where I reveal strategies for how to avoid probate, wills v. trusts, how to save on taxes, how to protect the money you leave for your kids in the event they get divorced, and much more. Click here to sign up.
If you would like to discover how to protect your home and life savings from long-term care and nursing home costs, download your copy of my book, "Save Our Home: How To Protect Your Home and Life Savings From Long Term Care and Nursing Home Costs". Click here to get your copy now.
