Should I Include An Advance Directive In My Estate Plan?
You know how important it is to have a will as part of your estate plan, but there are other documents that you should consider if you want to express your wishes about your care even before your death. Advance directives include several important medical documents that provide your end of life and medical care instructions. You should always consult with an attorney about the components of your estate plan, but there are some basics that can help you understand how advance directives work.
What Is An Advance Directive?
Advance directives are useful in avoiding confusion when your loved ones and health care providers must decide how to treat you. Many times, they’re used for end of life care, but there are other circumstances where advance directives can take effect. In Texas, advance directives fall into one of four categories:
Why Would I Need An Advance Directive?
There are a variety of circumstances where you might want an advance directive to state your intentions, but they all deal with situations where you’re unable to make decisions regarding your medical care. Your incapacity doesn’t need to be permanent in order for an advance directive to take effect. If you regain consciousness and can make responsible choices, some of these advance directives are no longer used.
Can I Execute An Advance Directive If I Don’t Have A Will?
You don't need a will in order to complete an advance directive, though it's recommended that you prepare both in order to avoid confusion and expense. It's important to revisit your advance directives and other estate planning documents often in the event that your wishes have changed since you executed them.
The experienced attorneys at Stockard, Johnston, Brown & Netardus, P.C. can help you with all advance directives and all the other documents you might consider as part of your estate plan. Please contact our office today for more information and to discuss your options.
What Is An Advance Directive?
Advance directives are useful in avoiding confusion when your loved ones and health care providers must decide how to treat you. Many times, they’re used for end of life care, but there are other circumstances where advance directives can take effect. In Texas, advance directives fall into one of four categories:
- A Directive to Physicians and Family or Surrogates is used to state the provision or withholding of medical care if you’ve suffered a terminal or irreversible illness, if there comes a time you are unable to make medical decisions about yourself. A physician, in his or her judgment, must provide that you are suffering with a terminal or irreversible condition in order for it to take effect.
- You can use a Medical Power of Attorney to appoint a person to make health care decisions if you are unable to do so. These do not require you to be terminally ill, but are useful if you are unable to make medical decisions for yourself.
- Do Not Resuscitate Orders enable you to refuse certain resuscitation attempts by healthcare professionals. They’re typically used in emergency settings or other situations where you cannot express your wishes about assistance from medical equipment or procedures.
- A Declaration of Mental Health Treatment becomes effective when a court determines that you’re mentally incompetent. This document allows you to make advance decisions for psychoactive medication, convulsive therapy, and emergency mental health treatment, if you’re unable to do so for yourself.
Why Would I Need An Advance Directive?
There are a variety of circumstances where you might want an advance directive to state your intentions, but they all deal with situations where you’re unable to make decisions regarding your medical care. Your incapacity doesn’t need to be permanent in order for an advance directive to take effect. If you regain consciousness and can make responsible choices, some of these advance directives are no longer used.
Can I Execute An Advance Directive If I Don’t Have A Will?
You don't need a will in order to complete an advance directive, though it's recommended that you prepare both in order to avoid confusion and expense. It's important to revisit your advance directives and other estate planning documents often in the event that your wishes have changed since you executed them.
The experienced attorneys at Stockard, Johnston, Brown & Netardus, P.C. can help you with all advance directives and all the other documents you might consider as part of your estate plan. Please contact our office today for more information and to discuss your options.