Most people think of estate planning as something to worry about "later." Healthcare directives are the exception to that rule — they matter to every adult, regardless of age or health, starting today.
What Is a Healthcare Directive?
A healthcare directive (sometimes called an advance directive or living will) is a legal document that records your wishes about medical treatment if you become incapacitated and cannot speak for yourself. It answers questions like:
- Do you want life-sustaining treatment if you're in a persistent vegetative state?
- What level of pain management do you want?
- Do you want artificial nutrition and hydration if you cannot eat on your own?
A closely related document — the medical power of attorney — names a specific person (your healthcare agent) to make decisions on your behalf when you can't.
Why Young Adults Need These Documents
I hear this concern often from clients in their 30s and 40s: "I'm healthy. I don't need this yet." But consider: if you were in a serious accident tomorrow, who would make decisions about your care? Without a healthcare directive and medical power of attorney, that decision falls to your "next of kin" under state law — which might be a parent, a sibling, or a spouse, depending on your situation.
That might be exactly who you'd choose. But it might not be. And without your directive in place, your family could disagree, hospitals could face uncertainty, and your wishes could go unimplemented.
What a Healthcare Directive Includes
A complete healthcare directive typically addresses:
- Life-sustaining treatment: Do you want extraordinary measures if there's no reasonable expectation of recovery?
- Pain and comfort care: What level of palliative care do you want?
- Artificial nutrition and hydration: Under what circumstances would you want a feeding tube?
- Organ donation: Would you like to donate organs or tissue?
- Pregnancy: Some states require specific language about medical decisions during pregnancy.
The HIPAA Authorization
Without a signed HIPAA authorization, your designated healthcare agent may not even be able to get information about your condition from medical providers. We always include a HIPAA authorization as part of a complete healthcare directive package.
Easy to Do; Important to Have
Of all the estate planning documents we prepare, a healthcare directive is among the simplest to execute — and the one that most directly protects your wishes in a moment of personal vulnerability. It takes an hour, costs a fraction of other legal documents, and once done, requires no ongoing attention.
*Please consult an estate planning attorney for advice specific to your situation. This article does not constitute legal advice.*
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