When people think of crafting an estate plan in Connecticut, they might be under the impression that they only need to write a will or create a trust. However, there are other aspects of estate planning that could be important. For some, having control over the medical care they receive and if it should be limited if they are incapacitated is also important. This is where an advance directive comes in.
An advance directive details what medical care the person receives. It also names a person to make the decisions if they cannot do so on their own. The person making the decisions is called the health care representative. This representative has significant – often life and death – responsibility, so picking someone trustworthy is imperative.
Know the health care representative’s role
The health care representative is granted the right to make health care decisions on behalf of the person. That includes deciding whether to give life-saving steps such as a respirator or to administer nutrition via feeding tube.
The health care representative cannot make these decisions unless the person is deemed of incapable of making them on their own. For example, if they are in a vegetative state, then the health care representative will be granted the right to make these decisions.
The living will detail what type of treatment the person wanted if they were incapacitated. Perhaps they stated that they did not want to be kept alive artificially or vice versa. The health care representative might know what the person wanted and make decisions accordingly.
The key is to make decisions based on the person’s best interests if there are no specific statements as to the level of treatment they wanted to have. The treating physician will give written notice that the person cannot make their own decision, and it is up to the health care representative.
Understand all the fundamentals of estate planning
An estate plan can cover myriad objectives. It not only lets them decide where their property goes after they are gone, but it can let them choose a trustworthy person to make their health care decisions if they are unable to make them on their own. For advance directives, living wills and other areas of estate planning that are often forgotten, professional advice can be essential.