Elk River Medical Directives Lawyer

Elk River Medical Directives Attorney

Medical directives are an essential part of estate planning, but many people do not realize that this is one document that can benefit anyone while they are still alive. To make sure decisions involving your health are made the way you would wish if you become unable to make medical decisions for yourself, consult with a trusted Elk River medical directives lawyer at Trek & Trust Law. Our skilled legal team can help you navigate the process of establishing a medical directive so your future is secure.

Medical Directives in Elk River

A medical directive, also called a healthcare directive or an advance directive, is a legal document that allows people to provide instructions about their medical care and name another person to make medical decisions when they cannot make decisions for themselves. Medical directives can have instructions, name a healthcare agent, or both.

For a medical directive to be enforceable, it has to be in writing, state the patient’s name, be signed and dated, either be notarized or have witnesses besides the patient and the named agent, and name a healthcare agent and/or give medical instructions.

An estate planning lawyer can help ensure your medical directive is legally valid and clearly reflects your wishes. The latest data showed that 43.5% of deaths in Sherburne County were premature, meaning they occurred prior to the average age of death. However, only about 37% of adults in the U.S. have a medical directive in place.

Instructions for Your Care

Medical directives can be simple, very complex, or anywhere in between. Some common elements to include in a medical directive include preferences and values regarding medical treatment, such as where you prefer to receive care and the types of treatments you would or would not want. Some specific matters to consider include:

• What you feel is most important for your agent and care team to consider
• How your religious beliefs should influence treatment decisions
• Your beliefs about quality of life and the end of life
• If and when life-saving and life-sustaining treatments should be used
• Who you want to name as your healthcare agent

Healthcare Agent

A healthcare agent is given certain authority by the nature of being named in a medical directive, although a patient can specify if they want to limit these powers. Healthcare agents are not authorized to use the patient’s bank accounts or make financial decisions. When a doctor deems that a person cannot make decisions for themselves, the healthcare agent is generally granted the following authority on behalf of the patient:

• Consent, refusal, or withdrawal from treatment for physical or mental healthcare
• Stop or refuse life-sustaining measures like respirators
• Choose doctors, healthcare providers, and institutions
• Make decisions about living in a hospice, nursing home, or other facility
• Review medical records and share them with family members and healthcare professionals
• Visit a medical facility

Patients can also specify permission to make medical decisions even when they are able to make their own decisions. In addition, healthcare agents can be given the authority to decide about organ and tissue donation and whether the person’s body should be cremated or buried after death.

In Elk River, Healthcare agents have to be legal adults, and it is important to name someone who will be present and available, follow your wishes, and act to protect your interests. You can name anyone as your healthcare agent except a healthcare provider unless they are also a family member. It is essential to talk to the person you want to name as your agent to be sure they are willing and able to perform the necessary duties. You can also name more than one agent.

Medical directives can be canceled in part or in total by intentionally destroying the original document or making a new medical directive. You should keep the original document with your other important papers and also give a copy to family, close friends, healthcare agents, and doctors. Some healthcare systems like North Memorial Health, Allina Health, and HealthPartners may keep a copy on file so it’s available in all their facilities.

FAQs

Reach Out To Trek & Trust Law To Draft Your Medical Directive Documents

Having an official plan for your medical care gives you peace of mind and makes it easier for those close to you when you cannot make decisions about your health. The legal team at Trek & Trust Law is here to help. Contact our office today to schedule an initial consultation.