Despite what you think, there are certain legal documents you can make yourself without the cost or time it takes to hire a lawyer. A health care directive is one of the easiest estate planning forms to create, especially with the help of online legal resources.
Depending on where you live, a health care directive may be called an advance directive, living will, medical durable power of attorney, power of attorney for health care, or some other similar term. Whatever it’s called, a health care directive is used when you’re incapacitated and unable to make or communicate medical decisions. It typically includes your health care instructions, information about your health care agent, and after-death instructions for organ donation and body disposition.
Now that you know what a health care directive does, let’s break down how you can make your own following a simple five-step guide.
Ready to start your estate plan? Get 10% off with discount code 10OFF.
Table of Contents
Step 1: Health Care Instructions
First, think about the end-of-life medical care and treatment you want or don’t want if you’re terminally ill, permanently unconscious, or suffering from some other end-stage condition. End-stage conditions are irreversible and cannot be cured. Examples may include:
- Dementia (and Alzheimer’s Disease)
- Terminal Cancer
- Stroke (or other neurological disorders)
- Advanced kidney, lung, or heart failure
When deciding what kind of medical treatment you would want, consider your personal values and beliefs about quality of life, length of life, and what makes your life worth living. For example, if you have a terminal illness and are totally reliant on other people to dress, bathe, go to the bathroom, etc., would you want life-prolonging treatment to extend your life? This type of treatment artificially prolongs your life but does not cure your underlying condition. Some examples of life-sustaining treatment are:
- Artificial nutrition and hydration
- Artificial ventilation
- Dialysis
- Cardiopulmonary resuscitation (CPR)
- Palliative care
- Life support
You can also leave additional instructions to ensure your preferences about other medical care are followed. This can cover things like:
- Pain relief medication
- Preferred physicians, health care facilities, and nursing homes
- Visitation
- Hospice
- Your values and beliefs as a guide for those involved in your care
You can even leave guidance about your grooming wishes or beauty routine! Khloe Kardashian wants her directive to reflect her wishes to have her nails done regularly if she’s in a coma.
Step 2: After Death Instructions
Next, decide whether you want to include instructions about what to do with your body after you die. This may mean making an anatomical gift by donating all or some of your organs and tissue. Some people even choose to donate their bodies to medical science. Be specific and state whether you do or do not want to be an organ donor and list the organs you would like to donate.
You can also make arrangements for your funeral and body disposition. Body disposition means how your final remains are handled. Many people choose traditional methods like a casket burial or cremation with a burial or keepsake urn for their ashes. If there’s a particular place you enjoyed during your life, you can request to have your ashes scattered there.
Another option that is gaining popularity is human composting or “green burial.” This method of disposing of your body involves composting your remains, which is similar to how mulch is made. If you’re a nature lover, turning your body into nutrient-rich soil might be the right choice for you!
Step 3: Choose a Health Care Agent
You should also consider naming a healthcare agent to oversee your care and make decisions about anything not covered in your healthcare directive. A health care agent is also sometimes known as a health care proxy, surrogate, representative, or attorney in fact. Without one, your medical care might be in the hands of a judge, medical professional, or family members who don’t know your wishes or disagree with them. A health care agent helps avoid issues and disputes between those you care about.
When choosing your health care agent, think about the people in your life who you trust to make the same decisions you would make for yourself. You should try to choose someone who is available when needed and consider their age, health, location, and ability to travel. You should also name a backup who can step in if your first choice is unavailable. Your healthcare agent must be a competent adult. Check your state laws for any other requirements. For example, in most states, your health care agent can’t be your doctor, attending health care professional, or an employee of a health care facility where you receive treatment. Most people choose a close friend or relative.
Once you decide who to name as your primary health care agent and any backups, talk to them about your wishes and preferences regarding quality of life, treatments, or anything else you think is important and would help them when making decisions for you.
Step 4: Draft Your Health Care Directive
A health care directive doesn’t need to be elaborate or complex but must adhere to your state’s legal requirements. You can create your own using online legal resources like FindLaw’s do-it-yourself forms. If you have questions or need help, you can find an advance care planning attorney with FindLaw’s lawyer directory.
Most states have advance directive forms to use as a template or fill in with your information. You must be an adult with the capacity to understand the decisions you are making. Your health care directive should be in writing and state the following:
- Your name, date of birth, address, and phone number
- Specific and clear instructions for the medication treatment you want or don’t want
- Your health care agent’s and backup agent’s name and contact information
- Your preferences regarding organ donation and body disposition
- Any other medical wishes or information about what’s important to you that could be helpful to individuals involved in your care
Remember to provide clear instructions and wishes to avoid any confusion. Once you finish, review your document to ensure it accurately reflects about your wishes.
Estate planning solutions to fit your needs.
Step 5: Execute Your Health Care Directive and Talk to Your Loved Ones
To make your health care directive legally binding, you must properly sign and execute it according to your state law. Generally, this involves signing in the presence of two adult witnesses or a public notary. A handful of states require you to do both. Depending on where you live, there may be additional requirements about who can act as your witnesses. Be sure to check your state’s laws to ensure your health care directive complies with its requirements.
You should make copies of your final document and give them to your health care agent, family, and doctor or other health care providers. Keep your original in a safe place and talk to your family, friends, and other loved ones about your wishes so they understand and support your decisions.
Creating a health care directive is an essential step to make sure others honor your medical wishes, especially if you might be unable to communicate them yourself. By outlining your preferences, choosing a trusted health care agent, and providing clear instructions, you not only take control of your future health care but also provide peace of mind to your loved ones.
