When Should Advance Directives Be Included in an Estate Plan?

Regardless of your age, it is important to have an estate plan in place to ensure that your financial and personal matters will be handled correctly in the future. However, while you may understand the importance of making decisions about the distribution of your assets to your beneficiaries through testamentary planning, you may not be aware of the importance of incapacity planning. Testamentary planning focuses on asset distribution after a person’s death, while incapacity planning addresses the possibility of being unable to make decisions due to illness or injury.

Advance directives are used in incapacity planning to ensure that your wishes will be carried out correctly if you are unable to communicate your desires to others or make decisions for yourself. An experienced attorney can help you determine what types of advance directives may be included in your estate plan and how you can make sure your needs will be addressed correctly.

What Are Advance Directives?

Advance directives are legal documents that allow you to make specific decisions in advance related to your healthcare and finances. These documents may take effect if you become incapacitated or are unable to communicate your preferences. Advance directives include:

• Living will: You can use this document to outline your preferences regarding life-sustaining treatments such as artificially administered nutrition and hydration, resuscitation measures, or mechanical ventilation. These decisions will only apply in situations where you are diagnosed with a terminal condition in which death is imminent.
• Powers of attorney: These documents may designate someone you trust as your agent, giving them the authority to make decisions on your behalf regarding medical treatment or financial matters. You can specify that a power of attorney will go into effect if you become incapacitated, or you can give your agent the authority to address certain issues at any time.
• Practitioner orders for life-sustaining treatment: This is also known as a do-not-resuscitate order, and it may state that you do not want medical providers to use CPR or other methods to revive you if you stop breathing or your heart stops beating. You can also include other instructions about the types of treatment you do or do not want to receive.

The Importance of Including Advance Directives in Your Estate Plan

Advance directives can ensure that your financial and medical affairs will be handled according to your wishes. Here are some key reasons why these documents can be an essential component of your estate plan:

• Peace of mind: By stating your healthcare preferences beforehand, you relieve loved ones from making challenging decisions during emotionally distressing times. They can rest assured knowing they are honoring your wishes.
• Precise medical treatment: Advance directives allow you to specify which medical treatments and procedures are acceptable to you. This ensures that healthcare providers will follow your instructions even if you cannot communicate them directly.
• Prevent family conflicts: In the absence of advance directives, disagreements among family members can arise regarding important medical decisions or financial matters. By clearly outlining your wishes, you can reduce the likelihood of conflicts and ensure a smooth decision-making process.
• Safeguarding your values: Advance directives allow you to align your medical treatment choices with your personal beliefs and values, ensuring that decisions made on your behalf are consistent with what matters most to you. You can also make sure your assets will be used correctly to address your own needs or the needs of your loved ones.
• Covering unexpected situations: No one knows when an accident or serious illness may occur. Having advance directives in place provides protection in these unforeseen circumstances so that your wishes for end-of-life care are known and respected.

Contact Our Naperville Estate Planning Attorney for Advance Directives

As you make decisions about your future, it is important to ensure that your estate plan addresses end-of-life care and situations where you may become incapacitated. At the Gierach Law Firm, our DuPage County estate planning lawyer can help you determine which advance directives to use to address your needs and concerns. We will work with you to build a comprehensive estate plan that will ensure that you and your family are prepared for whatever the future may bring. Contact us at 630-228-9413 to set up a consultation today.