What is an Advanced Directive and should I have one?

Simply put, Advanced Directives are documents that deal with handling your affairs when you are incapacitated in some manner, whether permanently or temporarily. The most common types of Advanced Directives are a Statutory Durable Power of Attorney, a Medical Power of Attorney for Health Care, and a Directive to Physician and Family or Surrogate. A Statutory Durable Power of Attorney allows for someone to act as your attorney-in-fact when either you cannot act on your own or simply do not want to. Most Statutory Durable Powers of Attorney are in effect from inception and do not require a triggering event to become active. A Medical Power of Attorney for Health Care gives another person the right to make healthcare decisions for you in the event you cannot make them for yourself.

Going one step further, a Directive to Physician and Family or Surrogate allows for another to make medical decisions for you when you are about to die, for example, whether to use artificial life support means. Of course, when considering drafting and Advanced Directive, it is important that you discuss with the individual(s) you designate in order to ensure your wishes will be carried out as intended and to make yourself comfortable with the person who will likely make life and death decisions for you. It is important to have an Advanced Directive in order to remove the confusion and anxiety from those having to cope with your affairs if you cannot. Advanced Directives take the guess work out of caring for someone and keep the courts out of the decision making process, too.

Overall, there are a multitude of issues with regards to Wills, Trusts and Advanced Directives, and to make sure that you are doing everything you can during your lifetime to prepare for what will happen after you have passed, contact a Conroe estate planning lawyer at Garg & Associates today to get this process started and to protect the future of those you love.

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