An Advance Directive is a set of documents outlining a person’s wishes regarding medical decisions should they become incapacitated and unable to make those decisions for themselves. A Living Will and Medical Power of Attorney are commonly included in an Advance Directive.
Just like any other estate planning document, it is important to review these documents on a regular basis to make sure that they continue to reflect your current wishes. The American Bar Association Commission on Law and Aging created “The 5 Ds” as an easy way to think about and review your Advance Directive guidelines.
The 5 Ds of Advanced Directives:
- Decade – When you start a new decade of your life, review your documents and make any necessary updates. Who you want to give Power of Attorney to and how you would like certain medical conditions to be handled may be very different in your 50s than it was in your 20s.
- Death – The death of a loved one quickly brings your own estate planning status into sharp focus. While it’s a time of grief, it’s also a time to ensure your documents continue to match your wishes.
- Divorce – Divorces take a huge emotional toll on you as well as your friends and family. While the biggest focus is usually on the division of assets, it’s important to also make the necessary changes in your estate documents. If your now estranged spouse is your designated agent, you’ll likely want to designate a new agent and revoke the spouse’s Power of Attorney.
- Diagnosis – Like a death in the family, a serious health diagnosis is also a crucial time to revisit your Advance Directive and make any adjustments.
- Decline – Ensure that your plan continues to reflect your current situation if you experience a significant decline or deterioration of an existing health condition, especially when it diminishes your ability to live independently.
Next step: Share it!
Finally, an Advance Directive doesn’t do you any good if no one knows about it. Once you’ve created or updated your documents and filed the originals in a safe location, make sure you distribute copies among your agents and key family members, friends, spouses and practitioners so they can immediately advocate for you if something happens:
- Healthcare Agent/Proxy: The person named in your medical power of attorney must have a copy. In a crisis, they may need to quickly email or fax the document to doctors or hospital staff.
- Primary Care Physician and Specialists: Your doctor should scan the document directly into your medical file so it appears in your chart.
- Local Hospitals: If you primarily use a local health system, make sure their central records department has a copy on file.
- Alternate Agents or Close Family: Any backup proxies, close family members, or trusted friends who would be contacted in an emergency should have a copy or know exactly where the original is kept.
- Your Wallet or Phone: Keep a small card in your wallet and in your emergency information on your phone that lists your health care agent’s contact information and notes where the original advance directive is stored.
Wills & Wellness estate planning attorneys can help you create or update your documents as part of your comprehensive estate plan. Contact us today for a consultation.