A key part of estate planning is incapacity planning. There may come a time when you are not able to express your own medical wishes directly to doctors and other providers. You will want to have the proper legal documents in place so that your wishes are known and they are followed. An advanced healthcare directive (medical directive or living will) is the answer. Speak with our Indianapolis elder law attorney to get your healthcare directives in place.
A Healthcare Directives Allow You to Control Medical Decisions During Incapacity
Also referred to as medical directives or simply a living will, healthcare directives allow you to retain control over your own medical decisions through a period of incapacity. The reality of life is that a serious illness, injury, or cognitive decline can leave a person unable to communicate medical decisions. Of course, when that happens, physicians still must decide whether to administer treatment, authorize procedures, or continue life-sustaining care. Without clear instructions, medical providers generally rely on family members to make decisions. Disagreements between relatives are common in these situations.
A living will is the solution. Notably, Indiana law allows adults to prevent that uncertainty through advanced healthcare directives. These documents record treatment preferences and identify the individual who will speak to physicians if the patient loses decision-making capacity. Once incapacity occurs, the directive becomes the controlling instruction for providers and family members. Instead of forcing relatives to guess what the patient would want, the document provides clear guidance regarding treatment decisions.
Indiana Law Recognizes Several Types of Advance Healthcare Directives
In Indiana, the term advance directives is technically used to refer to several different types of estate planning documents. Indeed, Indiana law authorizes several legal instruments that address medical decision-making during incapacity. These documents work together to create a comprehensive incapacity plan. Here is an overview:
- A Living Will: A living will can be used to state whether life-prolonging procedures should continue when a terminal condition exists. The declaration typically addresses mechanical ventilation, artificial nutrition, and other medical interventions that sustain biological life when recovery is unlikely. Every adult should have a living will. An experienced Indianapolis estate planning lawyer can help you put one in place that best expresses your wishes.
- A Healthcare Representative Appointment: You cannot anticipate everything. A living will is not sufficient. A health care representative designates a trusted person to communicate with medical providers and make treatment decisions when the patient cannot do so. The representative serves as the decision-maker during periods of incapacity. Physicians rely on that person for consent to procedures, medication changes, or transfers between medical facilities. However, your health care representative cannot override the instructions within your living will. You may hear a healthcare representative described as a healthcare power of attorney (POA) or medical power of attorney. It is the same concept.
- Psychiatric Advance Directives: Finally, Indiana law recognizes a specialized type of estate planning document called a Psychiatric Advance Directive. It allows individuals to express treatment preferences for mental health care during periods of psychiatric incapacity. The document can guide providers regarding medications, hospitalization preferences, and consent for psychiatric treatment. Not every person truly needs psychiatric advance directives in Indiana. However, it is strongly recommended for people who have dealt with mental health episodes in the past and/or have a family history.
Takeaway: Each of these different types of healthcare directives addresses a different medical scenario. A comprehensive approach involves all three or at least the first two (living will and healthcare representative). Together, they provide legal protections that help to ensure someone can communicate your wishes when you cannot speak directly.
Without Healthcare Directives, Families May Need a Court Guardianship
When no advance directive exists, medical decision-making can quickly become complicated. Indiana providers must still obtain consent before performing many procedures. If the patient lacks decision-making capacity and no authorized representative exists, providers may require legal authority from the courts. It is something that can and should be avoided.
Big Issue: The most common solution involves a guardianship proceeding. A family member petitions the court to appoint a guardian who can make medical decisions for the incapacitated adult. The court must evaluate medical evidence and determine whether the individual truly lacks capacity. If the judge approves the request, the guardian receives legal authority to make healthcare decisions on behalf of the protected person. Why is this so bad? Guardianship proceedings are complicated, frustrating, and potentially expensive. It is best to avoid them when possible.
Healthcare Directives Form a Core Part of a Comprehensive Estate Plan
Advance healthcare directives operate alongside other estate planning documents that address incapacity. Financial powers of attorney allow a trusted person to manage financial affairs if the individual becomes unable to handle those responsibilities. Healthcare directives focus specifically on medical decisions. A top-rated Indianapolis estate planning attorney can help you put the right plan in place for your specific situation. Do not go it alone: A top-rated estate planning lawyer can help you with a living will and with healthcare representative documentation.
We are Leaders in Elder Law in Indiana
Every adult in Indiana should have a comprehensive estate plan in place. Healthcare directives (a living will) are one of the most important estate planning tools for people who want to have control over their own medical care. At White & Jocham, we are here to demystify advanced medical directives. If you have any questions or concerns about your options, we are here to help. Contact our Indiana elder lawyer today for a fully confidential consultation with a top attorney.
Call Our Indianapolis Elder Law Attorney for Help
At White & Jocham, our Indiana elder lawyers are compassionate, solutions-focused advocates for people and families. We put solutions in place. If you have any questions about healthcare directives, please give us a call now or contact us online for a completely confidential initial consultation. We provide elder law services in Indianapolis, Greenfield, and throughout Indiana.