Growing older and having conversations about what happens when you are no longer able to make decisions regarding your own healthcare is very difficult. Even so, it is a conversation that needs to happen, especially if you have loved ones who depend on you for their care. A healthcare directive is one way to ensure that your wishes are carried out in the event you are not capable of making decisions down the road. At Michelle Tuschinski, Attorney at Law, we can assist with the creation of the healthcare directives you need.
Advance Directives (Living Will)
An advanced directive allows you to specify the types of care you wish to receive in any certain situation. Created when you are competent, an advance directive is used to guide your healthcare providers should you become incompetent. These documents can be changed or revoked while you remain competent. Statutorily, an advanced directive is defined as (i) a witnessed written document, voluntarily executed by the declarant… or (ii) a witnessed oral statement, made by the declarant subsequent to the time he is diagnosed as suffering from a terminal condition…”
Health Care Power of Attorney
A healthcare power of attorney is a type of healthcare directive that allows you to designate an agent to make medical and healthcare decisions on your behalf. You can grant the agent as much, or as little, authority as you wish. Some of the powers that can be conferred upon the agent include:
- The ability to authorize or decline medical treatments such as tube feeding and artificial respiration
- The ability to choose healthcare providers
- The ability to authorize admission to a hospital or other healthcare facility
- The ability to consent to organ donation
Health Care Decisions Act
VA Code §54.1-2981 is known as the “Health Care Decisions Act.” A written advance directive, as well as a health care power of attorney, may be submitted to the Advance Health Care Directive Registry. Data contained in the registry shall remain confidential, however, failure to register a document with the registry shall not affect the document’s validity.
Speak With Michelle Tuschinski, Attorney at Law, About Healthcare Directives
Contact our firm to schedule a consultation and learn about how a healthcare directive can enable you to be in control of your healthcare decisions. We are experienced in all areas of estate planning and can help ensure your wishes are set out in the best, legally compliant manner.