Now Accepting New Clients!

The role of an advance health care directive in a will

Originally posted on 11/02/2016

A legal document with the heading Advance Health Care Directive form - a specific type of will - sits on top of a US flag.When considering estate planning, you are probably aware of the role of a will. While the traditional thought associated with a will is how property is handled after death, it can also be used to plan for medical treatment if you cannot make decisions for yourself. This element within a will is called an advance health care directive. Keep reading to learn more about how last will and testaments can help you protect yourself in the case of a medical emergency. 

The Benefits of a Last Will for Medical Purposes

More than two-thirds of adults in the U.S. do not have an advance directive. Without one, your doctor and loved ones may be forced to make end-of-life decisions on your behalf without knowing your wishes. You can ease the burden of grief on your family by outlining your healthcare plan in a will.

An advance directive is not legally binding to a doctor, but it does allow him or her and your loved ones reassurance that they are acting in your interest. Likewise, you should discuss your advance health care directive with your family, primary care physician, and an estate attorney.

Three types of advance health care directives

Your religious beliefs and personal philosophy can be the basis for an advance health care directive. There are no hard 'right or wrong' rules associated with end-of-life care. Therefore, three types of advance health care directives can be included in your will. You can use just one or a combination of all three to suit your needs.

"Living Will"

This document outlines your medical wishes for life-saving treatment in the event of a terminal illness or permanent unconsciousness. An example of a situation would be you falling into a coma. It is the principal element of an advance health care directive.

A Durable Power of Attorney

A power of attorney gives a loved one or another trusted person of your choosing the legal ability to make decisions on your behalf. The person entrusted with power of attorney can also ensure that your living will is carried out to meet your wishes.

Do Not Resuscitate (DNR) Order

A DNR order is used to allow first responders and care providers to know your wishes if an emergency medical event were to occur in or outside of the hospital. Medical responders are required to give you life-saving care. If you do not want life-sustaining treatment, you may need a DNR form or bracelet required by your state.

Make Your Wishes Clear with a Qualified Legal Professional

Outlining end-of-life care is a tough conversation to have with your loved ones, but it can save them from more heartache if you are unable to make decisions for yourself. An estate attorney can help you start this conversation. The attorneys at Aldrich Legal Services have more than 21 years of experience working with clients to form the most accurate and valid wills. Give our team a call today to set up an appointment. 

MICHIGAN REAL ESTATE 95: Property owners did not place a condition upon the delivery of the deed; rather, they delivered the deed to themselves.

When the delivery of a deed is contingent upon the happening of some future event, title to the subject property will not transfer to the grantee until the event has occurred. However, in this case A and J did not place a condition upon the delivery of the deed; rather, they delivered the deed to themselves, then deposited the deed with their attorney with the instruction to record the deed only upon the happening of a future event, thereby placing a condition only upon the recording of the deed.

MICHIGAN PROBATE 57: Brother granted permanent guardianship of siblings.

At a multiday hearing to address the extension of the guardianship, the eldest children, the mother’s relatives and friends, and school personnel testified regarding the mother’s care of the children, appellant’s treatment of and interaction with the children, and the eldest siblings’ role in aiding the mother to raise the children.

FAMILY LAW 88: The trial court found that the children did not have an established custodial environment with defendant because, before the separation, he did not have a large role in the children’s lives.

The trial court credited plaintiff’s testimony that, before the parties’ separation, defendant spent minimal time helping to care for the children, so its finding that the children would not have looked to defendant for guidance, discipline, the necessities of life, and parental comfort during that time was not against the great weight of the evidence.

REAL ESTATE 89: RM had not included any language in the deed providing that the property was a joint tenancy with full rights of survivorship, the property instead became a tenancy in common.

RM drafted the deed without seeking counsel and mistakenly believed that, if either she or FK died, the property would fully pass to the surviving tenant. FK’s will provided that if his wife predeceased him—which she did—the personal representative of his estate should sell any residual property that he owned and divide the cash proceeds equally among his surviving children.

FAMILY LAW 83: A trial court can terminate a parent’s rights and permit a stepparent to adopt a child.

A trial court has discretion to terminate a parent’s rights and permit a stepparent to adopt a child when the conditions of MCL 710.51(6) are met. MCL 710.51(6)(b) requires the petitioner to establish that the other parent had the ability to visit, contact, or communicate with the children, and substantially failed or neglected to do so for a period of two years.

Don't let a bad decision, unfair contract, or a messy divorce get in the way of a promising future!
Contact the experienced team at Aldrich Legal Services today to schedule your free initial
and secure reliable and trustworthy representation today!
Get the Help You Need From a Team You Can Truly Count On: (734) 404-3000