• Our Firm
  • Practice Areas
    • Business Entities
    • Charitable Planning
    • Employee Benefits/ERISA
    • Estate and Gift Taxes
    • Estate Planning
    • Income Tax Law
    • Mergers and Acquisitions
    • Non-Profit/Tax Exempt
    • Probate/Estate Admin.
    • Tax Controversies
    • Wills and Trusts
  • Attorneys
    • Robert E. August
    • Jonathan R. Colao
    • Phillip J. Martin
    • Keith G. Meacham
    • W. Verne McGough, Jr.
    • Andrew D. Merline
    • David A. Merline, Jr.
    • Marie Monroe
    • J. Aaron Nelson, Jr.
    • Douglas B. O’Neal
    • David M. Thompson
  • Firm News
  • Resources
  • call Us Today
    864.242.4080
Merline & Meacham, PA
Contact Us

Understanding the terms of health care directives

April 21, 2022
by Merline & Meacham, PA
Resources

Estate planning experts usually cite the need to include advance health care directives in a comprehensive estate plan. But there may be different legal names given to those directives, depending on one’s jurisdiction.

In any event, regardless of what they’re called in the state where you reside, it’s important to create these documents and keep your family in the loop. Let’s take a closer look at a few health care directives.

Health care power of attorney

Comparable to a durable power of attorney that gives an “agent” authority to handle your financial affairs if you’re incapacitated, a health care power of attorney (or medical power of attorney) enables another person to make health care decisions for you. This is also called a health care proxy in some states.

Choosing an agent is critical. You probably can’t anticipate every situation that might arise — virtually no one can — in which it’s likely that someone will have to make decisions concerning your health. Therefore, the agent should be a person who knows you well and understands your general outlook. Frequently, this is a family member, close friend or trusted professional. Remember to designate a successor in the event your first choice is unable to do the job.

Living wills

A living will is a legal document that establishes criteria for prolonging or ending medical treatment. It indicates the types of medical treatment you want, or do not want, in the event you suffer from a terminal illness or are incapacitated.

This document doesn’t take effect unless you’re incapacitated. Typically, a physician must certify that you’re suffering from a terminal illness or that you’re permanently unconscious. Address common end-of-life decisions in your living will. This may require consultations with a physician.

The requirements for living wills vary from state to state. Have an attorney who’s experienced in these matters prepare your living will based on the prevailing laws.

DNRs and DNIs

Despite the common perception, it’s not a legal requirement for you to have an advance directive or living will on file to implement a “do not resuscitate” (DNR) or “do not intubate” (DNI) order. To establish a DNR or DNI order, discuss your preferences with your physician and have him or her prepare the paperwork. The order is then placed in your medical file.

Putting directives into action

Advance directives must be put in writing. Each state has different forms and requirements for creating these legal documents. Depending on where you live, you may need to have certain forms signed by a witness or notarized. If you’re unsure of the requirements or the process, contact an attorney for assistance.

Review your advance directives with your physician and your health care agent to be sure you’ve accurately filled out the forms. Then let all the interested parties — including your attorney, physician, power of attorney agent and family members — know where the documents are located and how to access them.

© 2022

Share
Previous Post
Tax considerations when adding a new partner at your business
Next Post
The tax mechanics involved in the sale of trade or business property
Categories
  • News
  • Resources
  • Uncategorized

Greenville Office

812 East North Street, Greenville, SC 29601

Phone: 864.242.4080

Fax: 864.242.5758

Columbia Office

190 Knox Abbott Drive, Suite 3B, Cayce, SC 29033

Phone: 803.814.0027

Fax: 803.658.4732

Quick Links
  • Our Firm
  • Practice Areas
  • Attorneys
  • Firm News
  • Resources
  • Contact
FOLLOW US
Facebook
LinkedIn
CONTACT US TODAY

    Copyright Merline & Meacham, PA © 2022. All Rights Reserved.

    This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of an attorney/client relationship.

    Digital Partner - WebSpeak Media

    • Our Firm
    • Practice Areas
      • Business Entities
      • Charitable Planning
      • Employee Benefits/ERISA
      • Estate and Gift Taxes
      • Estate Planning
      • Income Tax Law
      • Mergers and Acquisitions
      • Non-Profit/Tax Exempt
      • Probate/Estate Admin.
      • Tax Controversies
      • Wills and Trusts
    • Attorneys
      • Robert E. August
      • Jonathan R. Colao
      • Phillip J. Martin
      • Keith G. Meacham
      • W. Verne McGough, Jr.
      • Andrew D. Merline
      • David A. Merline, Jr.
      • Marie Monroe
      • J. Aaron Nelson, Jr.
      • Douglas B. O’Neal
      • David M. Thompson
    • Firm News
    • Resources