Advocating For Your Best Interests

Naming the right health care representative in your estate plan

On Behalf of | Aug 18, 2024 | Uncategorized

One of the most important documents to include in your estate plan is an advance directive. This is where you can indicate your wishes for what types of life-prolonging treatments you’ll want continued, avoided or ended (and when) if you’re very seriously injured or ill and unable to speak for yourself.

These advance directives, which all states have in some form (and are often called living wills), give people an opportunity to express their feelings regarding quality vs. length of life in case they ever reach a point where they’re likely not going to regain consciousness or be able to participate in life in any kind of meaningful way. Having an advance directive can help take the burden of making these decisions off loved ones if that time ever comes.

When you complete your Indiana advance directive, it’s also wise to designate a health care representative (HCR). This is the person who will have power of attorney (POA) to communicate with your medical team, advocate for the wishes you’ve outlined and act in good faith to do what they believe you would want if a situation arises that you haven’t addressed. You can (and should) choose a backup in case your designated HCR can’t fulfill their responsibilities for any reason.

What questions should you ask?

Choosing an HCR is a big decision. Although it’s often a family member, it doesn’t have to be. Here are some important questions to consider when thinking about whether a particular person is right for the job.

  • Do they know you well and understand what you value?
  • Are they comfortable advocating for the wishes you’ve detailed in your directive?
  • Can they think and act quickly and effectively stressful circumstances?
  • Are you confident that they won’t be easily intimidated by family and doctors?

It’s also best if they live near you so that they won’t have to get on a plane or try to do everything via videoconference.

Make sure your chosen HCR is willing to take on the responsibility

It’s important to make sure your designated HCR and any back-ups review your advanced directive to be sure they’re aware of your wishes, understand them and feel that they can stand up for those wishes.  It’s also wise to give them a copy of the directive and form designating them as your HCR. Your health care provider should also have copies.

It’s a lot to think about. Having experienced estate planning guidance can help you ensure that these forms will be ready and valid if they’re ever needed.

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