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Elder Law•5 min read

An Overview of Health Care Directives

Paige Palumbo, Esq.
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Recent Legal Insights
An Overview of Health Care Directives

Key Legal Takeaways

  • •Comprehensive legal clarity under Michigan law for an overview of health care directives.
  • •Helps avoid protracted county probate court proceedings and protects family wealth.
  • •Ensures personal healthcare and financial decisions are honored by designated fiduciaries.

It is common for people to communicate their wants and needs, but some people lose this ability as they age, become injured, or become ill. When this happens, they need someone they trust to advocate for them. You can prepare the proper legal documents in advance.

Unfortunately, there are many ways people can lose their ability to communicate. It can happen suddenly due to a medical incident, such as a stroke. It can also occur due to a coma caused by a head injury or accident.

In some cases, losing the ability to communicate happens gradually, as with Alzheimer’s disease or amyotrophic lateral sclerosis (ALS). In the case of Alzheimer’s, a person’s memory and cognitive abilities deteriorate before their ability to speak is lost. With ALS, the ability to speak usually goes before other cognitive abilities, but each case can be very different.

However it happens, losing the ability to think and communicate is debilitating. It’s better to prepare than end up unable to communicate critical health care wishes.

By drafting and executing the proper advance directives, you can put your health care wishes in writing, including procedures you want or refuse and who will make decisions on your behalf. Health care directives vary from state to state and may be handled differently depending on the law firm. Three common health care or advance directives are a living will, health care power of attorney, and health care instructions.

A living will is a legal document that specifies which medical treatments you want or don’t want if you are in a terminal condition, a coma, or a persistent vegetative state. It directs health care providers to cease or refrain from certain medical or surgical treatments. A terminal condition is described as an incurable, irreversible medical condition brought on by disease, injury, or illness. A person has a terminal condition if their attending physician believes with a reasonable degree of medical certainty that they will die from the condition regardless of continued life-sustaining treatment.

You can use a health care power of attorney document to name a person, or persons, to act as your health care agent. Your agent can make health care decisions on your behalf if you can’t make decisions on your own. You can specify if your agent’s ability to make decisions for you is effective immediately or only takes effect once you are incapacitated.

Discuss Your Legal Goals With Malicoat Law

Schedule a personal legal consultation in Midland or Tawas City to tailor these estate planning and elder law strategies to your family.