MINNESOTA HEALTH CARE DIRECTIVES
Health Care Directives
What is a ``Health Care Directive``?
A health care directive is two different documents in one: it is (1) a health care proxy where you elect a health care agent to make decisions on your behalf when you are incapacitated, and (2) a living will where you give instructions about what decisions you want made on your behalf.
“Incapacitated”, in this case, means you are legally incapable of making health care decisions on your own behalf. The health care directive does not authorize someone to override your wishes when you have capacity. When you are incapacitated, your health care agent must follow the instructions that you provide.
Most attorneys provide a very basic health care directive. In fact, most attorneys don’t even help you answer the questions in the living will. This is not good – the health care directive to be too important to not take seriously. Our health care directives have been developed over the years after surveying all 50 states and their health care directive requirements, working with doctors, nurses, social workers, and palliative care providers in hospice and hospitals. It even includes a mental health care component to address those questions that arise if one develops dementia or Alzheimer’s.
Our health care directive has been described as one of the most thoughtful and comprehensive health care directives on the market, and we’re very proud of it. It’s not easy or fun to fill out, but imagine how difficult it is for someone to make decisions on your behalf when they don’t have comprehensive information about your wishes. A well-drafted health care directive can make a world of difference in your life, as well as in the lives of your family, friends, and health care agents.
What is a ``Health Care Directive``?
A health care directive is two different documents in one: it is (1) a health care proxy where you elect a health care agent to make decisions on your behalf when you are incapacitated, and (2) a living will where you give instructions about what decisions you want made on your behalf.
“Incapacitated”, in this case, means you are legally incapable of making health care decisions on your own behalf. The health care directive does not authorize someone to override your wishes when you have capacity. When you are incapacitated, your health care agent must follow the instructions that you provide.
Most attorneys provide a very basic health care directive. In fact, most attorneys don’t even help you answer the questions in the living will. This is not good – the health care directive to be too important to not take seriously. Our health care directives have been developed over the years after surveying all 50 states and their health care directive requirements, working with doctors, nurses, social workers, and palliative care providers in hospice and hospitals. It even includes a mental health care component to address those questions that arise if one develops dementia or Alzheimer’s.
Our health care directive has been described as one of the most thoughtful and comprehensive health care directives on the market, and we’re very proud of it. It’s not easy or fun to fill out, but imagine how difficult it is for someone to make decisions on your behalf when they don’t have comprehensive information about your wishes. A well-drafted health care directive can make a world of difference in your life, as well as in the lives of your family, friends, and health care agents.
What Is Included in a Health Care Directive?
A living will is not merely a “when to pull the plug” directive. A good health care directive will actually contain a lot of vital, important information, such as:
· Designation of the agent who will ultimately make decisions for you when you are unable.
· How you want to spend your last days (e.g., in a hospital, at home, etc.) and where you want to die.
· What medications or treatments you do not want (e.g., no addictive narcotics).
· Instruction on what specific life support (e.g., mechanical breathing, blood transfusion, CPR, artificial nutrition and hydration, etc.) you authorize in certain circumstances (e.g., if you are in a terminal condition, if you have advanced dementia or Alzheimer’s disease, etc.).
· Identification of important religious beliefs and practices.
· Identification your values, fears, philosophies, and desires related to your health to guide your health care agent in making decisions.
· Identification of when you would prefer that care focus on making you comfortable rather than extending your life.
And more. The general guideline is that if it is not written down, your agent may make the right decision, but it might still haunt them for the next twenty years. If it is written down, they’ll make the right decision and have peace of mind in doing so. The health care directive is not something to take lightly – it literally deals with life and death decisions. Make sure you are working with an attorney who will give it the time and effort necessary to make the directive a powerful estate planning tool.
Customized Based on Your Unique Needs
Generic health care directives are available online or from your doctor, but they are often minimalistic and not terribly helpful (if not harmful). When improperly drafted, key parts of the document may be invalid.
Signature Law conducted a 50 state survey of what every state in America is requiring for their health care directives. We also surveyed palliative care doctors, nurses, and social workers to find out what information is actually important and useful. Using this information, we developed what we believe is to be the most comprehensive health care directives in Minnesota.
We believe that everyone should have a valid health care directive. Many health care directives – be they from doctors’ offices, the Secretary of State, found online, or from other attorneys – are overly simplistic and don’t include important provisions. Signature Law is dedicated to drafting a comprehensive health care directive that addresses your wants and needs.
I needed to update my will and health care directive with a name change. Signature Law responded immediately to my inquiry, provided an estimate and completed this work very quickly. Highly recommend this law firm.
– Robin B.
Ready to Get Started With Your Health Care Directive?
If you’re ready to get started with a comprehensive health care directive, we’re ready to help. Simply schedule a free consultation where we’ll answer any questions and identify next steps in creating your health care directive.