When talking about estate planning, people often think of wills, trusts, and how assets will be distributed. However, what if you are not in a position to make your medical decisions? Advanced healthcare directives are the documents that cover the most important area in your life – your medical care – when you are no longer capable of expressing your wishes by yourself. An estate planning attorney in Gilbert will attest that these documents are as important as your financial plans.
Where Health Meets Wealth in Estate Planning
Healthcare decisions are just as important as financial matters when it comes to your estate plan. Financial documents outline the inheritance of your assets, while healthcare directives decide who gets to make life-changing medical decisions when you are unable to. Furthermore, medical decisions inevitably involve a financial aspect – from the cost of treatment to insurance benefits – which is why any reputable estate planning attorney in Gilbert would always stress that healthcare instructions must be considered.
Understanding Arizona’s Healthcare Directive Framework
Arizona statute provides recognition for only two types of advanced healthcare directives, which differ significantly in terms of their function, though they both form a part of your estate plan.
A Living Will expresses your wishes regarding end-of-life medical treatment. This document is used by a healthcare professional to decide on the treatment when the patient is terminally ill, in a coma, or permanently unconscious. Your Living Will is only valid if it is signed, witnessed, and notarized.
Durable Power of Attorney for Healthcare (also referred to as Healthcare Power of Attorney) is the document through which you identify the person who will have the authority to make the medical and, generally, the healthcare decisions for you in case you are incapacitated. Unless you set boundaries, this person will be given full authority. The document must be signed and either witnessed or notarized, and it would be a good idea to attach it to your Living Will.
Moreover, Arizona has a Mental Health Care Power of Attorney that allows you to designate an agent for decisions only concerning your mental health treatment, and a Prehospital Medical Care Directive (DNR) that must be printed on orange paper to be valid in emergency situations.
Benefits for Gilbert Residents
Advance healthcare directives eliminate family conflicts in times of distress. When these papers are not in place, it is not uncommon for family members to clash over the patient’s care, which leads to emotionally draining situations and even lawyer visits. Arizona legislation specifies the prerequisites of these documents very clearly. By partnering with an estate planning lawyer in Gilbert, one can rest assured that the paperwork is perfectly in line with the law.
You may want to consider registering the directives you have completed with the Arizona Healthcare Directives Registry (AzHDR), a safe online environment where healthcare professionals can quickly learn your wishes in the event of an unfortunate event.
The Value of Professional Guidance
On the one hand, forms can be obtained from the Arizona Attorney General’s office and some other entities; on the other hand, a knowledgeable estate planning attorney in Gilbert can be your guide through the maze of tough decisions you will face. They also make sure that your documents are in accordance with current Arizona laws (especially A.R.S. § 36-3201 and related provisions), that they fit your entire estate plan, and that they take into consideration your special family situation.
Your estate planning lawyer in Gilbert will be able to make necessary adjustments to your medical directives as changes occur to your health condition and/or you have different wishes, and you will not have to worry about having outdated documents that are no longer enforceable and legitimate.
Final Thoughts
Advanced healthcare directives offer you the liberty to decide upon your medical care beforehand, and they also ensure that your family won’t be burdened with the task of conveying your wishes during the most difficult time of a crisis. By engaging the services of an experienced estate planning attorney in Gilbert, you can make a thorough plan that will safeguard your health as well as your assets. Do not put off these life-and-death decisions until it is too late; make an appointment with an estate planning attorney in Gilbert right now.