Elders and other individuals who struggle with severe medical conditions can end up in tricky situations when they become unable to make medical decisions for themselves. Fortunately, certain legal arrangements, such as an advance directive, can address these scenarios. This legal and enforceable document maps out a person’s preferences concerning medical treatments and other wishes in case they become unconscious or incapacitated.
Sometimes, these options are essential, especially if the patient has specific wishes regarding their health. In New Jersey, there are two types of advance directives, making one or both applicable depending on the circumstances:
- Proxy directive or durable power of attorney — This document allows the patient to appoint another person to make decisions on their behalf. It usually takes effect when the patient cannot express their preferences, which could happen when they fall unconscious or develop permanent impairments that impact decision-making abilities.
- Living will or instruction directive — This option allows patients to write down medical preferences in specific situations, giving their family members direction if their condition worsens. This document could include details about life-sustaining treatments and other health care decisions, which the treating doctors must honor. Additionally, patients can provide information related to their instructions, such as their beliefs, principles, and values.
Other legal arrangements can also be appropriate based on the situation.
Preparing for the worst
It can be scary to think about what the future holds, especially when facing severe health issues that can worsen over time. Still, it is possible to dispel some worries by using legal options to make decisions regarding medical necessities. It might seem like an unsavory topic, but to others, it can help lighten the burden on family members who may feel unsure about what to do. If you have any questions about this or any other estate planning or administration matter, contact Alan Genitempo, Esq. of our firm at [email protected].
