How an Advance Directive Can Protect You During a Medical Emergency

An advance health care directive is a way for you to state your health care wishes in writing before a medical emergency. This legal document informs your doctors and your loved ones what medical treatments you wish to receive, and which ones you do not, in the event that you are ever unable to communicate your wishes for yourself. Below, our Utah estate planning lawyer explains more about these documents in further detail.

How is an Advance Health Care Directive Different from a Living Will?

A living will is a type of advance directive but it differs slightly from a medical or advance health care directive. A living will can state your wishes for health care if you become permanently unconscious or seriously ill and are unable to make those decisions on your own. However, unlike a living will, advance directives are not limited to terminal illnesses. In most cases, we include your living will language and your desires for your living will in your advance health care directive along with the other statutory requirements of the advance directive.

Why Draft an Advance Directive?

Advance directives have many benefits and in fact, all adults should have one. No one knows when an unexpected injury or illness will render them unable to make medical decisions, or communicate those preferences on their own. If you do not have an advance directive, it is much more difficult for your loved ones to know what to do. This can result in family disputes and may cause delays in the medical care you need.

Before drafting an advance directive, consider your own beliefs about medical care. Talk to your family about your hopes and concerns and what will help maintain your quality of life. Some of the most common provisions people include in their advance directives include:

• Who can make decisions on their behalf;
• What limitations you want for your health care agent;
• Who can view your medical records;
• Staying at home to receive medical care; or
• Avoiding invasive end-of-life treatment.

What are the Requirements for Advance Health Care Directives in Utah?

Like all other estate planning documents, there are certain legal requirements placed on advance health care directives in Utah. Fulfilling these requirements is critical to ensure that the document is legally binding. These include:

• Age: Both you (the principal) and the person you choose to make decisions on your behalf (the agent) must be at least 18 years of age.
• Capacity: You must have the mental capacity, meaning you must be of sound mind, when signing the document. This means you must fully understand the authority you are transferring to your agent.
• Format: The advance directive must be in writing. Verbal agreements for advance directives are not recognized under the law.
• Witness: A witness who is at least 18 years old and a disinterested party must witness you signing the document and sign it themselves.

Our Estate Planning Lawyer in Utah Can Draft Your Documents 

Whether you simply need an advance directive, or you need to draft a comprehensive estate plan, it is important to speak to an attorney. At AGS Law, our Utah estate planning lawyer can ensure that your document is drafted properly so it is upheld and your wishes are respected. Call us now at 801-477-6144 or contact us online to request a consultation and to get the sound advice you need.

Source:

le.utah.gov/xcode/Title75A/Chapter2/75A-2-S301.html?v=C75A-2-S301_2024090120240501