Advanced Directives
Advanced Directives Attorney in Washington, D.C.
Browne Family Law Group is dedicated to working closely with clients in need of estate planning services to help them achieve their goals. We take time to understand our client’s wishes and do everything we can to effectuate those plans. Contact us today to schedule a meeting to determine the best course of action to meet estate needs.
What is an Advance Directive?
An advanced directive (also known as advanced directive) is a legal document that allows mentally competent people to provide instructions in the event they become unable to express their wishes themselves. By law, physicians and hospitals are required to respect an individual’s wishes as expressed in an advance directive. If the individual becomes unresponsive and unable to communicate, healthcare providers are required to seek out information on the advance directive documents in order to follow the patient’s stated wishes.
Types of Advance Directives
- Living Will
A living will is a document that directs medical personnel on whether or not life support systems should be used if an individual becomes terminally ill or is otherwise unable to make those decisions. A living will also spells out treatments that should be used and not be used to keep the person alive, and preferences of other medical decisions like organ donation and pain management.
- Healthcare Power of Attorney
A healthcare power of attorney is a document that allows the individual’s trusted agent to make medical decisions on their behalf, such as whether or not life support should be used if they are unable to do so themselves. Additionally, a healthcare power of attorney can authorize the designated individual to direct the types of care that will be provided, where medical services are to be provided, and other decisions regarding the quality of life.
- POLST (Physician Orders for Life-Sustaining Treatment)
A POLST is for anyone who has a serious illness or injury that could result in death without life support. The document is written by your doctor, and it directs first responders on whether to give you CPR (cardiopulmonary resuscitation) if they find you unconscious. It also allows you to choose any method of care at the end of your life, such as being admitted to a hospital, staying in the hospital but avoiding artificial food and fluids, or having everything possible done to keep you alive.
- Attorney-In-Fact
An attorney-in-fact is authorized by a power of attorney document to make decisions on behalf of a principal. The person who gives the attorney-in-fact this power is called a “principal.”
- Do Not Resuscitate (DNR) Orders
When a DNR order is written in a person’s medical records, it means that healthcare providers will not perform CPR if the person stops breathing or their heart stops.
How Do I Complete an Advance Directive?
Advance directives must meet certain state requirements depending on which state they are intended to govern. It is important to consult with an attorney who specializes in estate planning to ensure that the advance directive meets all legal requirements.
In order to complete an advance directive, you must meet state requirements for capacity and consent. In most cases, individuals must be at least 18 years of age in order to complete a living will or health care power of attorney. An individual’s medical condition may also play a role in whether they are able to complete an advance directive. In addition, the individual must be able to understand and communicate their wishes regarding medical care. If a person is cognitively impaired in any way they may not be capable of providing consent for treatment decisions, and an agent is usually assigned by a surrogate decision-maker.
In some cases, attending physicians or healthcare providers can make decisions about withholding or withdrawing life-sustaining treatment if they determine that the patient is not able to understand their medical condition, the benefits and risks involved with a procedure, or other options available.
Contact an Advance Directive Attorney Today
The Legal team at Browne Family Law is waiting to help you with all of your legal needs. Call today to schedule your consultation at (202) 670-5291!
