Advanced Health Care Directives Lawyer
Your “Advanced Healthcare Directives” encompass many documents, including your healthcare power of attorney, living will, DNR orders, HIPAA authorizations, and others. It is crucial to have these documents in place as they specify who, and what will occur if you are unable to make your own medical decision at some point. Whether due to age, injury, or some combination of the two, we all have times when we may be unconscious or otherwise unable to understand what’s necessary and make a good medical decision. Unless the necessary documents are done and done correctly, even those closest to us, like a spouse or child, will legally not be able to help make sure our wishes are honored.
At Legacy Law Firm, LLC, attorney Andy Popp understands the stakes of getting your advanced healthcare directives done the right way. As with the Court system, different medical providers and medical Groups have their own processes and procedures. Documents done incorrectly or missing required provisions can cause delays or be disregarded entirely, making them worthless. That’s why having a local advocate by your side is so important. As your local estate planning attorney, we have helped people throughout the Greater Akron-Canton area, including Cuyahoga Falls, Hudson, Stow, and Peninsula and are well-versed in what is required so the plan works as intended.
Important Pieces Of A Living Will
Unlike a power of attorney, a living will confers no authority to anyone else regarding end-of-life decisions. A living will states that if a person seeking treatment is found to be either (1) terminally Ill, or (2) permanently unconscious, then life support is to be denied or stopped if it has already been started.
The decision on whether or not a person is terminally ill or permanently unconscious is left to the treating physician, and nobody else is allowed to be involved in any decision-making. The persons noted on a living will are simply notified that life support has been terminated. While many of our clients choose not to include a living will in their estate plan, it is a personal choice. The question really is, who do you want to allow to be involved in decisions regarding life support.
What can a living will not do? Living Wills do not permit anyone else to ensure your decisions about Life support are honored. Living Wills also are not a guarantee that you will not be on life support long term. Not only do your treating physicians need to make findings about your long-term prognosis, they also need to decide to honor it. That’s right, Living Wills do not have to be honored. (See Section 2133.02 of the Ohio Revised Code).
Ultimately, decisions surrounding life support are complicated and difficult to make. Having the correct legal documents in place will make sure your wishes are honored, and the people you want, or don’t want, to be involved will be. One of the challenges with these types of documents is that often, we don’t even know there is a problem until it’s too late to fix it. These decisions are too important to leave to chance. We work tirelessly to make sure our clients are covered and have the proper documentation in place so that when trouble arises, you’re ready.
Answers To Your Questions About Living Wills
Living wills are complicated documents and they represent some of the highest stakes you’ll face as a person. Getting answers now will save you pain and challenges later. Here are a few questions our clients come to attorney Popp with.
What happens if I don’t have a Living Will?
If you don’t have a living will, then the medical industry will treat you as normally. But, if you can’t make decisions for yourself about treatment, then the burden of those decisions will fall to your family. And if parts of your family disagree on the right way forward.
Can I change my Living Will?
Yes. In fact, as Ohio laws around advanced directives change, you should keep it up to date and usable.
Who should I appoint as my Health Care Proxy?
We can’t really advise you on the right choice between the people you trust. But your proxy should be someone whom you would put in control of your life. Your life is literally in their hands.
Learn More About Living Wills
Living wills are challenging documents, but we want to help you get this right so you and your family don’t suffer. Call today at 330-529-7070 or send an email using this form to get in touch with us. We will help you make the right, smart choices for your future.