What Happens if I Do Not Have an Advance Medical Directive?

 Posted on November 27, 2024 in Advance Medical Directives

Imagine requiring medical attention and being unable to communicate. Since you would not be able to make decisions about your medical care, it would be left to others to make those decisions for you. Someone you may not want to have authority over your health might be authorized to approve or deny medications, procedures, and surgeries on your behalf. To avoid such cases, California offers a legal tool called an advance medical directive. This is a document that outlines your wishes in the event of incapacitation and is legally enforceable. Failure to have an advance medical directive can lead to negative consequences, so contact a California estate planning attorney about drafting one for you.

What Is an Advance Medical Directive?

An advance medical directive is a document that specifies your medical preferences for treatment if you become incapacitated. It is typically made up of two parts:

• Living will: This details which medical interventions you do or do not want to be performed on you if you can no longer speak for yourself. You can include, for example, whether you want to receive life-saving medications, be placed on life support, or donate your organs upon your death. Some people may choose to include a do-not-resuscitate (DNR) order in case their breath or heart stops.

• Healthcare power of attorney: This names a specific person — referred to as an agent — who you authorize to make medical decisions on your behalf. This is also called a durable power of attorney.

What Happens if I Do Not Have an Advance Medical Directive?

If you need medical attention while you are incapacitated but do not have a valid advance medical directive, several things may happen:

• Medical decisions can be made against your wishes and you may receive interventions that you object to on personal or religious grounds. Some people may be placed on life support or become organ donors, for example, even though they object to these on principle. 

• Your family members may disagree about what treatment you should receive, sparking heated conflict and confusion among your relatives. If one family member believes you would want life-saving interventions but another disagrees, it could become a bitter battle among your loved ones.

• Medical care may be delayed if healthcare providers are confused about whether or not to administer certain treatments.

• In some cases, a court may appoint a guardian to make medical decisions on your behalf. This can be a costly and painful process for your relatives.

Contact an L.A. County, CA Estate Planning Attorney

While it may be unpleasant to think about, planning for a time when you are incapacitated is an important part of estate planning. An advance medical directive can ensure your wishes are honored and avoid painful conflict among your family members. At the Law Office of David Schechet, we will help you draft an advance medical directive that exactly fits your needs, gives you peace of mind, and helps protect your future. Call 800-282-4731 now to speak with a Los Angeles, CA estate planning lawyer today.