Las Cruces Advance Directives and Importance of Advance Care Planning

Senior couple signing advance directives and creating advance care planning
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An advance directive is one part of advance care legal planning that expresses your wishes regarding the care you want in case you cannot make decisions for yourself.

For many Las Cruces residents, navigating the world of medical decisions, especially end-of-life care, can be challenging. The term advance directive holds immense importance in this domain. This article delves into the concept of advance care planning and the significance of advance directive forms, which are best created with an experienced estate or elder planning law firm like E-Law.

What Is an Advance Directive?

An advance directive is a legal document expressing your wishes regarding the care you want in case you cannot make decisions for yourself. Advance directives are legal documents that ensure that health care professionals and loved ones know your preferences about medical treatment should you become incapacitated.

Why Should You Make an Advance Directive?

An advance directive provides a framework for care decisions on your behalf, reducing confusion and potential conflicts. They offer an opportunity to make decisions about end-of-life care ahead of time, ensuring that you get the medical care you want.

What are the Types of Advance Directives?

There are various types of advance directives, including:

  • Living wills: A living will is a written document stating the medical care you want if you cannot make your own decisions. A living will tells healthcare providers the kind of care you wish to receive.
  • Health care power of attorney: This document names your health care proxy or agent, someone you trust to make health decisions on your behalf if you cannot do so yourself.

How Does a Power of Attorney Work?

A power of attorney for health, sometimes referred to as an attorney for health care or durable power of attorney, allows you to designate a trusted individual to make decisions about your health care if you cannot.

What Is Advance Care Planning?

Advance care planning is the process of discussing and documenting your care wishes with loved ones and your health care provider. This planning ensures that your desires for future care are known and respected, especially near the end of life.  Read more about how working with an elderly loved one to complete advance care planning is important while the individual is still in sound mind in our article: Avoid the Costly Mistakes of Guardianship with Advance Planning

How Do You Choose a Health Care Proxy?

When choosing a health care proxy, select someone you trust to make health care decisions that align with your beliefs. This person will express your wishes and make healthcare decisions if you become incapacitated.

Are There Advance Directive Forms Online?

Many organizations, including national hospice and palliative care organizations, provide free advance directive forms online. They can be filled in online or printed for manual completion.

What Is the Role of Mental Health Treatment in Advance Directives?

An advance directive can also encompass wishes about mental health treatment. Someone with specific desires about psychiatric care can specify that in their directive.

Can Advance Directives be Changed?

Absolutely. As situations and feelings about the care you want may change, you must revisit your advance directive. Inform your New Mexico health care provider and loved ones if any changes occur. Advance care planning is best created with an estate lawyer who can integrate it as part of a larger comprehensive estate plan. Request a consultation with Las Cruces Estate Attorney Michele Ungvarsky to ask how your wishes for medical care can be added to your estate plan.

Frequently Asked Questions

  1. How is an Advance Directive different from a will? An advance directive is focused on healthcare decisions, while a will deals with the distribution of assets after death.
  2. Does an advance directive ensure organ and tissue donation? While it can express wishes about organ and tissue donation, it’s also essential to register with the national organ donation program.
  3. Where should I keep my advance directive? Keep it accessible. Give copies to your health care proxy, doctor and loved ones. It’s also wise to have a copy in your medical file.

Key Points to Remember:

  • An advance directive is a legal document that states your wishes about medical care.
  • It reduces confusion and ensures that your care wishes are respected.
  • Types include living wills and health care power of attorney.
  • A trusted individual should be chosen as a health care proxy.
  • Advance care planning involves discussing and documenting care wishes.
  • Mental health treatment can be included in directives.
  • Directives can be changed. It is essential to communicate those changes.
  • Free advance directive forms can be found online, including through the national hospice and palliative care organization.

Making informed decisions about your future health care ensures that your wishes are respected and reduces the burden on loved ones. Understanding and creating an advance directive is a gift to yourself and those who care about you.