Few people wish to dwell on the prospect that they may suffer a catastrophic injury or sudden heart attack or stroke. However, the decision to address these issues can ensure that you receive medical care that is consistent with your religious, ethical and personal values while easing the burden on loved ones who may be asked to represent your interests. Our New Mexico Estate Planning Attorneys at Jay Goodman & Associates, PC have provided some important facts about incapacity planning. We also contrast a health care power of attorney with an advance medical directive, which is a fuzzy distinction for many.
What is an advance health care directive?
An advance medical directive is a legal document that advises medical professionals of your intentions in terms of medical treatment if you should become permanently unconscious or incapacitated because of a terminal illness. The directive may be drafted to specify that you want a Do Not Resuscitate (DNR) order or that you do not wish to be kept alive by a respirator. It also is permissible to indicate that your desire is to have care administered only so that you are not uncomfortable or in pain. When you discuss the merits of an advance health care directive with your New Mexico Estate Planning Lawyer, the attorney can also draft the document to contain customized restrictions and directions.
How will an advance directive impact my ability to make decisions about my own medical care?
The creation of an advance directive has no impact on your right of self-determination regarding your own medical care in terms of medical tests, extraordinary life-prolonging measures and other medical decisions. The estate planning instrument becomes effective only if you lack the capacity to express your intentions.
Can anyone have an advance care directive?
Any adult or emancipated minor who is mentally competent may have an advance care directive prepared indicating his or her medical instructions in the event of future indefinite unconsciousness or incapacity.
Do I need an advance health care directive if I am young and in relatively good health?
Everyone can benefit from an advance medical directive because there is no way to anticipate whether one will be involved in a catastrophic accident or suffer an unforeseen medical condition.
The above information is provided to illustrate general principles of law and should not be interpreted as a specific legal opinion on an individual case. You should contact experienced legal counsel to get specific legal advice that is based upon your specific circumstances.
If you have questions about using a medical directive or health care power of attorney for incapacity planning, the experienced New Mexico Estate Planning Lawyers at Jay Goodman & Associates, PC offer a free consultation in our centrally located offices in Santa Fe and Albuquerque so that we can discuss your options. Call us today to schedule your free consultation at (505) 989-8117 to learn about your rights and options.
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