Living Wills & Estate Planning
Advance Directives: Planning For Your Future Care
Many people put off planning for the future because they worry about making tough decisions.Thinking ahead with Advanced Directives is one of the kindest things you can do for your family. It minimizes the stress of making agonizing medical choices for you without knowing what you truly wanted.
At Kane, Hartley & Kane, we help clients in Glastonbury and Central Connecticut with their estate planning needs. We can assist you with a Living Will, Healthcare Agent Appointment, or a Designation of Conservator. These Advance Directives are essential to planning your estate and moving forward with peace of mind.
What is a Living Will?
A Living Will states your choices regarding life support. It becomes a clear expression of your wishes in the event you’re unable to express your own end-of-life decisions.
When it Applies
A Living Will is only applicable if you’re in a persistent vegetative state, an irreversible coma, or you are terminally ill. Under such circumstances, you can no longer make and communicate your own wishes.
When it Doesn’t Apply
It doesn’t apply when you have a general health issue, unless the above conditions occur.
The Benefit to Your Family
A Living Will spares your family the pain of making life-support decisions without your input. It also ensures your doctor understands your end-of-life wishes and treats you accordingly.
A Living Will, by default, sets out the life-sustaining services that you do not want. These services include:
Artificial hydration and nutrition (food and water)
Artificial ventilation (breathing)
CPR (heart beating)
In considering this step, it’s important to remember that a Living Will doesn’t deal with the taking of a life, but rather with the unreasonable prolonging of death. The actual words used are, “I do want sufficient pain medication to maintain my physical comfort. I do not intend any direct taking of my life, but only that my dying not be unreasonably prolonged.”
Appointing A Health Care Agent
Along with your Living Will, you should also execute an Appointment of Health Care Agent.
A Health Care Agent is someone you designate to convey your end-of-life decisions if you’re unable to do so. This appointment works together with your Living Will to ensure your wishes are both known and communicated.
When considering who to appoint, ask yourself two key questions:
Is the person willing to serve as your Health Care Agent?
Are they willing to abide by your decisions, not their beliefs?
If the answer to either question is no, then you should choose another person to be your Health Care Agent.
Designation of Conservator: Preventing the Unfamiliar
With advances in medicine, the likelihood of your body outlasting your mind grows every day. If your need for assistance in your day-to-day care and decision-making is great enough, the Probate Court may appoint someone called a Conservator to make those decisions for you. A Conservator takes over your decisions and can impose their decisions on you.
You have the ability to pick that person in advance. A Designation of Conservator sets out who should be your Conservator, when and if you need one.
Advanced Directives, together with Wills, Trusts, and other Estate Planning options, allow you to prepare for future outcomes. Planning ahead can save your family from worry, pain, and difficult choices.
Frequently Asked Questions
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What Is an Advance Health Care Directive?An advance health care directive is a legal document that allows you to express your wishes regarding medical treatment if you become unable to communicate. It can also appoint a health care representative to make medical decisions on your behalf. Having an advance health care directive helps ensure your wishes are respected and can provide guidance to family members during difficult times.
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Who Should Have an Advance Health Care Directive?Every adult should have an advance health care directive, regardless of age or health. Unexpected illness or injury can occur at any time, and having your wishes documented can help avoid confusion and disagreements among loved ones.
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What Decisions Can a Health Care Representative Make?A health care representative can make medical decisions when you are unable to do so yourself. These decisions may involve treatment options, medications, surgery, long-term care, and end-of-life decisions. Your representative is legally required to follow your wishes whenever possible.
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Is an Advance Health Care Directive the Same as a Living Will?Although the terms are sometimes used interchangeably, a living will generally contains instructions regarding end-of-life care, while an advance health care directive may also appoint a health care representative to make decisions on your behalf. Together, these documents help ensure your medical wishes are carried out.
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When Should I Update My Advance Health Care Directive?You should review your advance health care directive after major life events, such as marriage, divorce, the death of a designated representative, or a significant change in your health. Even without major changes, reviewing the document every few years is a good practice.
Advanced Directives in Glastonbury
Contact Kane, Hartley & Kane to learn more about Advanced Directives. Our law firm works with clients in Glastonbury, CT and throughout Hartford County. We can help you decide which options are appropriate for your estate planning needs.
To schedule a consultation, call us at (860) 633-3651 or leave a message on our contact page.