The Critical Importance of a Personal Health Directive

Imagine a scenario where, due to an unforeseen medical event, you find yourself incapacitated, unable to voice your healthcare preferences or decisions. It’s an uncomfortable thought, yet it’s a reality that can strike anyone at any time, regardless of their current health status. This underscores the necessity of having a personal health directive, often known as a living will or medical power of attorney.

The consequences of not having a health directive can profoundly affect both you and your loved ones. Without this essential document, here are some of the critical situations you and your family might face:

Decision-Making Comes to a Halt

Without a designated person to make healthcare decisions on your behalf, medical professionals are left in a challenging position. They are constrained by legal and ethical guidelines that typically err on the side of prolonging life, potentially in ways that you might not prefer. Decision-making regarding your healthcare can be severely delayed, as doctors may need to seek court orders to proceed with or cease certain types of medical treatments.

Family Powerlessness and Conflicts

In the absence of a health directive, your loved ones are stripped of the ability to act on your behalf. This can lead to feelings of powerlessness and frustration, as they may know your preferences but lack the legal authorization to ensure they are followed. Furthermore, without clear guidance from you, family members might disagree on the best course of action, leading to conflicts that can escalate into legal battles, driving wedges between loved ones during an already distressing time.

Legal and Financial Complications

When decisions are at a standstill, and legal intervention is required to proceed with medical treatment or discontinuation, the process can be lengthy and financially draining. The costs associated with court proceedings or legal consultations can add considerable strain to an already emotionally taxing situation. These funds could otherwise contribute to medical bills or support for recovery.

Impersonal Medical Decisions

Without your personal input, medical decisions are made based on general healthcare principles and the clinicians’ professional judgments. This might result in a course of treatment that doesn’t align with your values, beliefs, or preferences. A health directive ensures that your voice is heard, even when you cannot speak, making your healthcare experience as personalized and respectful of your wishes as possible.

How to Safeguard Your Preferences and Loved Ones

Creating a health directive may seem daunting, but it’s a straightforward process that can save a significant amount of stress and uncertainty. Here’s how you can begin:

  1. Consult with Healthcare Professionals: Understand the types of decisions that might need to be made if you’re unable to make them yourself. This can help you think through your preferences wisely.
  2. Legally Document Your Wishes: Whether it’s appointing a medical power of attorney or creating a living will, make sure your decisions are recorded in a legally recognized format.
  3. Communicate with Your Designated Decision Maker and Loved Ones: Ensure those close to you, especially the person or persons you’ve designated to make decisions, understand your preferences clearly.
  4. Review Regularly: Over time, your wishes might evolve. Regularly review your health directive to ensure it still reflects your current preferences.

Taking the initiative to prepare a health directive ensures that, even in the most vulnerable moments, your healthcare choices are respected, and your dignity is upheld. More than a legal document, it’s an act of kindness towards yourself and a gift of clarity and guidance for your loved ones during difficult times.

Got questions about estate planning? Reach out to us for a complimentary consultation and see how we can assist you in putting together a personal directive that outlines your wishes clearly and ensure you have all the legal documents you need when planning your estate needs.

Avoid These Estate Planning Mistakes to Protect Your Legacy

Estate planning is not something that people enjoy thinking about, but it is essential for every individual to plan their estate to ensure their legacy is protected for the future generation. Proper estate planning is about creating a comprehensive plan of action for who will receive your assets and how they will be distributed, in the event of your incapacity or death.

However, estate planning can be a challenging task. Many people make mistakes in the process which can cause significant issues down the line. In this article, we will discuss the most common estate planning mistakes that people make, and how to avoid them.

Mistake #1: Failing to Plan

Many people avoid the process of estate planning altogether, thinking that it is not necessary. However, failing to plan properly can lead to significant trouble for your loved ones, if something happens to you. Without a will or a trust plan, your assets will be distributed by provincial law, which might not necessarily align with your wishes.

How to Avoid: The best way to avoid this mistake is to work with a professional estate planning lawyer to create a comprehensive plan that is aligned with your wishes.

Mistake #2: Not Updating Your Plan

Even after creating an estate plan, people make the mistake of not updating it when significant life events occur. Life events such as the birth of children/grandchildren, divorce, and other significant life changes can significantly impact your estate planning needs.

How to Avoid: Ensure that you are reviewing your estate plan regularly with your estate planning attorney to make the necessary changes based on significant life events.

Mistake #3: Not considering Your Beneficiaries

Not all assets are passed by probate, which means you need to pay attention to each asset’s beneficiary designation. In some cases, people forget to update their beneficiary designation or leave it to the wrong people.

How to Avoid: Always ensure that your beneficiary designations are consistent with your estate planning documents and are up to date.

Mistake #4: Choosing the Wrong Trustee or Executor

When selecting a trustee or executor, people often make the mistake of choosing family members without considering their qualifications or ensuring that they are willing to serve.

How to Avoid: Choose a trustee or executor that is reliable, trustworthy, and competent to carry out their duties as defined under your plan.

Mistake #5: No Power of Attorney or Personal Directive

An enduring power of attorney and personal directive is necessary for everyone to ensure that their health care and financial decisions can be made, in the event of incapacity or disability.

How to Avoid: Work with your estate planning lawyer to create an enduring power of attorney and personal directive that is consistent with your estate plan.

Estate planning is about making sure that your assets end up in the right hands and that your loved ones are protected. While it may seem like a daunting task initially, avoiding mistakes can help ensure that your estate plan is comprehensive and up-to-date. Work with an estate planning lawyer and avoid the mistakes discussed in this article to ensure that your wishes are fulfilled and your legacy is protected. Proper estate planning is a tribute to your loved ones and the ideal way to secure your family’s future.

At Summit Legal Group, we include a comprehensive Will Package, which includes the Will and Last Testament, as well as the Personal Directive and Enduring Power of Attorney. Reach out to us today to find out how we can help and ensure your legacy is protected in the preparation of your legal documents.