In a perfect world, everyone would be given a quick, peaceful death surrounded by loved ones, and no advance directive would be necessary. Unfortunately, age can bring with it diseases such as dementia, Alzheimer's or cancer, which can lead to mental and physical disability prior to death. The law provides that in these circumstances, the court will step in and provide an appointed guardian to oversee property, assets, and health. Making arrangements for your assets and health care that include an advanced directive now will allow a trusted family member or friend take care of important matters in any event of disability.
The only way that the court can honor the wishes and requests of a disabled person is if he or she drafts a directive prior to becoming incapacitated. An advance directive, otherwise known as a living will, is a written document that specifies a person's wishes regarding property, assets, businesses, and health should they ever become incapacitated or can no longer look after themselves.
A complete advance directive will cover three different aspects of an individual's life. The first area of care covered in an advance directive is finances. Naming a person in a living will (and usually assigning durable power of attorney) ensures that financial matters will be overseen by him or her. The person in charge of finances will oversee everything from monthly bill payments to making any necessary decisions regarding a business. If one person seems insufficient to dealing with these matters, a second person or multiple people can be named, with specific instructions as to who will handle what.
The second area that an advance directive covers is daily personal care. This area of the advance directive specifies a person to be in charge of daily needs. Another term for this person is a guardian. If deemed necessary, daily instructions can be layed out for the guardian to follow, such as: the desire to attend weekly church meetings, details for annual visits with relatives, et cetera.
The third area covered in an advance directive is health care. This portion of the document is equally important to the financial area of the advance directive. In this third care provision, the creator details the powers given to the agent regarding medical decisions in the event of complete incapacitation. Decisions such as “Do Not Resuscitate Orders” and disclosure of medical information to others are contained in this portion of the advanced directive.
Advanced directives are now commonly drafted as part of the overall will package offered by an estate planning attorney. So, start by contacting an estate planning attorney and inquiring about advance directives. Remember that estate planning and guardianship law are determined by the individual states, and each state has different requirements for how the document must be drafted. To ensure a smooth transition by the court, it is always best to consult with an attorney.