Many people don't like to think about what would happen if they or their loved ones became seriously ill or injured. However, ignoring the possibility of a health crisis doesn't prevent it from happening — and can actually make it more difficult and stressful when it does happen.
Only about one third of adults in the U.S. have made formal plans for their health care in case of a life-threatening situation or a terminal illness.1
But the truth is, anyone can face an unexpected health problem at any time. And when that happens, you and your family are affected both physically and emotionally.
That's why it's important to create a health care directive and a durable power of attorney in place — before a crisis occurs. These documents can help you communicate your wishes and appoint someone you trust to make decisions for you when you can't.
Here are some basics to help you understand what these documents are, why they matter, and how to create them.
What is a health care directive and why do you need one?
A health care directive (HCD) is a written, legal document that outlines your wishes for your health care in case you are unable to express them yourself.
It tells your doctor and your family what kind of medical treatments you want or don't want if you are terminally ill, in a coma, or in a vegetative state. For example, you can specify if you want to be kept alive by artificial means, such as a ventilator or a feeding tube, or if you prefer to receive only comfort care, such as pain medication.
A health care directive can also include a do-not-resuscitate (DNR) order, which instructs the medical staff not to perform CPR if your heart or breathing stops.
Having a health care directive can give you peace of mind and control over your future. It can also spare your loved ones from having to guess what you would want or argue among themselves in a stressful situation.
A health care directive can also include your wishes for organ and tissue donation, and any other personal values or goals that are important to you.
How to create a health care directive
The laws and requirements for health care directives vary by state, so it's best to consult with an attorney in your state of residence to make sure your document is valid and follows the state rules.
Once you have created your health care directive, you should store the original in a safe place and give copies to your health care agent, your doctor, your primary clinic or hospital, and any trusted family members or friends who might be involved in your care.
You should also review your health care directive periodically and update it if your wishes or circumstances change.
What is a durable power of attorney and why do you need one?
A health care directive is a great way to express your health care preferences, but it may not cover every possible situation or scenario. That's why you also need a durable power of attorney (DPOA) for health care, also known as a health care proxy or agent.
A durable power of attorney is a legal document that gives another person the authority to make health care decisions for you when you are unable to do so yourself. This person can be a family member, a friend, or anyone you trust and who knows you well.
Your health care agent can follow your health care directive and any other instructions you have given them, but they can also use their judgment and discretion to make decisions that are in your best interest if something unexpected happens.
For example, your health care agent can decide whether to consent to a new treatment, surgery, or medication that is not mentioned in your health care directive, or whether to transfer you to a different hospital or facility.
How to choose a durable power of attorney
Choosing a durable power of attorney is a serious and personal decision. You should pick someone who is 18 years or older, who is willing and able to take on this responsibility, who respects your values and wishes, and who can communicate clearly and assertively with your doctors and family.
You should also talk to your potential agent and explain to them what you want and don't want for your health care, and what makes your life meaningful and worth living. You should also give them a copy of your health care directive and any other relevant documents or information.
You can also name one or more backup agents in case your primary agent is unavailable or unable to act for you. You should specify whether your agents can act together or independently, and how they should resolve any conflicts or disagreements.
You should also check your state laws and requirements for durable powers of attorney and consult with an attorney to make sure your document is valid and follows the state rules.
You should also review your durable power of attorney periodically and update it if your wishes or circumstances change, or if you want to change your agent.
The benefits of planning ahead
Health care directives and durable powers of attorney are essential parts of a comprehensive estate plan. They can help you protect your rights, express your wishes, and appoint someone you trust to act on your behalf when you can't.
Working with an attorney, you can create these documents for a few hundred dollars. And you may feel a sense of relief and satisfaction after you prepare for something that you used to avoid.
