The Importance of Advance Directives
As we all know, much of American life revolves around paperwork. You need paperwork to drive a car, own a home, and even to prove you exist (that’s your birth certificate, in case you forgot). And when it comes to death, or at least the prospect of death, the paperwork only multiplies.
Enter the Health Care Power of Attorney and the Living Will, two documents that may not sound thrilling but are absolutely crucial if you don’t want your fate winding up in bureaucratic limbo.
The Health Care Power of Attorney: Your Advocate When You Can’t Speak
A Health Care Power of Attorney (HCPOA) is basically a permission slip for a trusted individual—usually a spouse, sibling, or that one child who actually returns your phone calls—to make medical decisions for you if you’re incapacitated. It’s your way of saying, “In the event that I’m in no condition to answer, let Bob handle it.” Without one, you might end up with medical decisions being made by hospital administrators, distant relatives, or worse, a judge.
For anyone who doubts the importance of this document, just ask anyone who has dealt with a family fight over end-of-life care. You might recall the case of Terri Schiavo, which became a national circus precisely because there wasn’t clarity about her wishes. Congress, the President, and the Supreme Court all got involved in what should have been a private family decision. If that sounds like a fun way to spend your final days, by all means, leave this document out of your estate plan.
The Living Will: Outlining Your End-of-Life Treatment
A Living Will, despite the misleading name (it is NOT the same as a last will and testament), is a legal document that outlines what kind of medical interventions you want—or don’t want—if you’re terminally ill or permanently unconscious.
Some people want every possible measure taken; others don’t want to be kept alive by machines indefinitely. Either way, a Living Will ensures that your preferences are respected instead of leaving your family to agonize over what you “would have wanted.”
Why This Matters Now, Not Later
Many people avoid thinking about this stuff because it’s uncomfortable. But if you fail to plan, the state is more than happy to step in and decide for you. And the government is not particularly good at making intimate, humane decisions about individual lives.
So do yourself and your loved ones a favor. Get a Health Care Power of Attorney. Draft a Living Will. Otherwise, your future may be dictated by strangers, or worse—lawyers and judges who don’t know you.