Who needs an Advance Directive?

An Advance Directive is a set of directions for the medical and/or mental care you wish to receive in the event that your ability to communicate or make decisions is impaired. This forethought has important implications for many individuals who become incapacitated at some point in their lives. In an article recently published in the American Journal of Hospice and Palliative Care, researchers found that although 80% of people endorse having an Advance Directive, only 35% of people actually have a written document to support their health care wishes in the case of diminished abilities to communicate.

Although these wishes can be communicated informally with family members, there is no binding written document to ensure that they will be followed. Anyone 18 years or older who would like to protect their right to pre-determine health care options should consider setting up an Advance Directive by completing the following documents: a Living Will, Health Care Power of Attorney, and Advance Instructions for Mental Health Treatment.

In North Carolina, a Living Will is a legal document that communicates that you would prefer to die a natural death under certain incurable or irreversible conditions. A Health Care Power of Attorney names an agent to make health care decisions on your behalf. Advance Instructions for Mental Health Treatment determine what treatments you would or would not want to receive if unable to decide for yourself.

There are several rules that must be followed to create an Advance Directive—requirements that are in place to protect you and to ensure that your directions will be clear to the physician or mental health provider. A Living Will, Health Care Power of Attorney, and Advance Instructions for Mental Health Treatment must be ( 1) written; (2) signed by you while you are still able to make and communicate health care decisions; (3) witnessed by two qualified adults; and (4) notarized.

First steps involve talking to those close to you about your wishes, discussing options with your physician or mental health care provider, counseling with a clergy or trusted advisor, and securing an attorney who can help guide you through this process. The team at Hillsborough Wills & Trusts has the expertise to help you Build Your Circle of Security through strong legal documents and good counsel. We are here to help you succeed! Contact us at: https://hillsboroughwills.com/contact

Additional information:

https://journals.sagepub.com/doi/abs/10.1177/1049909117731738?journalCode=ajhb