Legal Tips

Here is part four of my four-part series of articles dedicated to providing the you, the community, with information regarding basic estate planning documents, forms, and what to do with the information. In this article, I talk about Health Care Directives.

What is a Health Care Directive?

A Health Care Directive allows competent adults to appoint someone, called an agent, to make health care treatment decisions for them when they are unable or unwilling to communicate a decision for themselves. It allows the written expressions of preference and instructions to the agent, which the agent must follow. It helps your family and your doctor. It lets them know the kind of health care treatment you want or do not want if you cannot speak for yourself.

The law permits but does not require you to name an alternative agent. However, it is a good idea to name an alternative agent since your primary agent could be out of town or ill when needed to make decisions for you.

Any competent person 18 years of age or older can execute a Health Care Directive. Health Care Directives are not only for older persons; they are for people of all ages. If your 18 year-old child was injured, it would enable you to participate in the health care decisions.

The Health Care Directive is also referred to as the “living will” and allows you to express your wishes concerning life support by artificial means; organ donation; and disposition of your body at death. (Essentially, this document may be as complicated or simplified as you would like or need.)

Please contact me if you would like to learn more about Health Care Directive forms.

Jennifer A. Williams, is the owner of The Law Office of Jennifer A. Williams, PLLC. Be sure to check out Jennifer’s website at http://www.jawlawoffice.com for more information about her and the services she provides. She can be reached at (406) 775-6655 or jawilliams@jawlawoffice.com should you have any questions regarding this article.

* DISCLAIMER: This article is for general informational purposes only. In no way shall this article constitute legal advice or substitution for legal counsel – and should not be relied upon as such. The information contained in this article is not promised to reflect the most current legal developments; accordingly, information found here is not promised or guaranteed to be correct or complete. As legal advice must be tailored to the specific circumstances of each case, nothing provided in this article should be used as a substitute for advice of competent counsel.