Many testators begin the estate planning process with a focus on other people. They have children who they wish to protect or loved ones who they want to provide financial support for even after their passing. Wills are useful estate planning tools for those concerned about beneficiary designations or the selection of a guardian for minor children.
However, wills only take effect after an individual dies. Some people need estate planning documents that can protect them during a personal emergency while they are still alive. An advance directive for healthcare is one of the standard estate planning documents commonly executed by testators in Oklahoma.
It includes several distinct sections. There is a living will section where people provide information about their medical wishes and a section where they can nominate someone to make decisions about their medical care if they become incapacitated. They can also provide information about anatomical gifts. Many people begin thinking about the need for medical protection in one of the three scenarios below.
Aging out of parental support
Children can rely on their parents to care for them in a medical emergency. Parents can choose the healthcare professional or facility that provides treatment and can make decisions about the exact kinds of care that minor children require. When a young adult turns 18, their parents lose that authority. Taking the time to draft an advance directive gives a young adult the ability to designate a trustworthy person to manage their medical needs in an emergency.
Facing a major medical challenge
Those beginning chemotherapy treatment for cancer or preparing for surgery often take the time to establish an estate plan first. In addition to planning for their passing, they need to consider the risk of becoming incapacitated. The possibility of a medical emergency while undergoing care can be a strong incentive to clarify personal wishes and empower a trustworthy person to uphold those wishes.
Those facing medical issues that could potentially leave them incapacitated often decide to draft documents as a way of taking pressure off of their loved ones and clarifying their preferences.
Preparing for retirement
As people age, their health inevitably changes. Older adults can develop Alzheimer’s disease or a host of other medical challenges. They may want to ensure that their loved ones understand their medical wishes instead of guessing at them should an emergency arise. The decision to create an advance directive takes pressure off of those close to an older adult struggling with major medical challenges.
Drafting a variety of estate planning documents, including an advance directive for healthcare, can provide peace of mind for those drafting the documents and guidance for the people closest to them. Seeking legal guidance accordingly is always a great option.