An Attorney Helped Me Finally Get on Disability

Is It Necessary To Write An Advanced Directive In Addition To A Will?

Planning for how to disburse your assets and fulfill debts should you die can be a difficult topic to approach, but failure to put a will in place can lead to in-fighting in your own family. Such fighting can tear a family apart, and so it is better to leave clear instructions for what to do with your material possessions and other assets when you die. It is important that you not overlook what you want done should you become medically incapacitated. End of life decisions can lead to fighting, so it is important to think about what you want done and who you want to handle incapacitating or potentially life-threatening medical situations. 

What Do You Want Done?

The first step in writing an advanced directive is thinking about questions that may arise if you are medically incapacitated. You can start with the following:

1. What medications or treatments do you want or not want to receive?

2. Do you want to be kept alive artificially?

3. If you do want to be kept alive artificially, at what point do you feel it is reasonable for your family to terminate the life-preserving care you receive?

4. Do you want to be an organ donor?

These are just a few of the questions that may arise. In order to make sure your advanced directive is as clear and comprehensive as possible, it is a good idea to sit down with someone such as a probate attorney who has experience in such matters and can provide guidance. 

Who Do You Trust to Follow Your Directive?

The second step in writing an advanced directive is to make sure that family members are aware of its existence and to choose someone who will follow the healthcare plan you have outlined to be the one to inform doctors of your wishes. You need to make sure you choose someone who will respect your wishes even if they do not agree with them, and who will not bend or break down in a crisis situation. You should also make sure you choose someone who lives close enough and has enough room in their schedule to be present in a medical emergency. Once you have identified who you want, make sure you talk to them and ask them if they are willing to assume the role. 

By writing an advanced directive and making family members aware of your wishes, you can avoid arguments over what kind of care you should receive if you are incapacitated. By taking care of such considerations before an emergency arises, you can at least make sure your family members have no room to argue about what you would want done, which can help to preserve good will through the entire probate process. As is the case when writing a will, seeking out a probate lawyer can provide you with essential guidance to make sure there is no room to misinterpret your wishes.