An advance directive is a valuable estate planning instrument. Unlike many documents, which take effect after a person dies, advance directives protect people during personal emergencies. The state recognizes several advance directives, including a Directive to Physicians and Family or Surrogates, which people may refer to as a living will, durable powers of attorney and even special paperwork for those who do not want emergency interventions if their health declines.
Who might benefit from adding advance directives to an estate plan?
Adults starting out on their own
Those in their 20s and even their late teens may benefit from creating a basic estate plan. Specifically, they likely need advance directives in case they become incapacitated. They may not yet have dependents or many assets to allocate, but they could be very vulnerable after some kind of medical emergency, such as an accident at work or a car crash. Their parents can no longer access their finances or make medical decisions without legal authorization.
Single, widowed and divorced adults
Frequently, only a spouse has the authority to access a person’s resources or medical records in an emergency. Without a spouse, their personal affairs could fall apart during their incapacitation. People who have not married or who were married but are no longer married could be at risk of falling behind on their financial obligations or undergoing medical care that contradicts their deeply-held religious beliefs. Drafting advance directives can help ensure that people receive the support they deserve when they cannot express their own preferences.
People facing medical challenges
Individuals recently diagnosed with chronic, progressive or terminal medical conditions often need to take some time to consider their wishes and ensure others are aware of them. Frequently, medical professionals recommend drafting advance directives when beginning a treatment regimen or preparing for palliative care.
Adults about to retire
Retirement comes with many challenges, not the least of which is the potential for medical decline. Durable powers of attorney, in particular, are often important for those preparing for retirement. They never know when they may experience profound medical changes that leave them incapacitated and potentially at risk of an involuntary adult guardianship.
Expanding an estate plan to include advance directives can give people peace of mind in many different situations. Those who plan in advance benefit from certain kinds of protection even in the most unusual and unpredictable of circumstances.