(316) 330-4110Wichita Advanced Directive & Living Will Attorney
Helping You Take Control of Your Health
Estate planning encompasses more than just deciding who gets your stuff. It’s about ensuring your well-being and legal interests are protected, especially during health emergencies. One of the most potent tools to secure such protection in Kansas is through Advance Directives. By setting up a living will and other directives, you make sure your medical care preferences are clearly respected and that doubts don’t hinder critical decisions about your care.
What is a Power of Attorney
In Kansas, an Advance Directive is a legal document that allows individuals to specify their preferences for medical treatment in the event they become unable to make decisions for themselves due to illness or incapacity. Advance Directives serve to guide family members and healthcare providers in making healthcare decisions that align with the individual’s wishes. There are mainly two forms of Advance Directives recognized in Kansas, Living Will (Declaration to Physicians) and Durable Power of Attorney for Health Care Decisions.
What is a Medical Power of Attorney?
All adults in Kansas aged 18 and older are advised to have a healthcare power of attorney or a medical power of attorney in place. This crucial document allows you to appoint an agent who has the authority to make healthcare decisions on your behalf should you become unable to make those decisions yourself due to incapacitation.
It’s essential to understand that designating a healthcare power of attorney doesn’t strip you of any decision-making powers. Unlike the scenario where a court appoints a conservator to manage your healthcare decisions, which grants that conservator exclusive control, holding a healthcare power of attorney means you maintain your authority. You have the ability to take back control and make your own decisions as soon as you are legally deemed capable again.
A healthcare power of attorney serves as a beneficial resource for everyone, but it becomes particularly essential for individuals who are:
- Newly-minted adults are venturing into college, stepping into a new phase of life where they’re making their own healthcare decisions.
- Individuals preparing for significant medical procedures that might render them temporarily incapacitated.
- Those transitioning to long-term care facilities, where decisions about daily care and medical treatments need to be predetermined.
- Individuals diagnosed with potentially terminal illnesses or conditions that could escalate, requiring someone to make swift, informed decisions on their behalf.
- People concerned about the eventual possibility of memory loss, dementia, or Alzheimer’s disease, emphasizing the need to have a trusted individual make decisions reflecting their wishes.
There are different types of power of attorney. You can assign a person you trust to act as your agent and make important healthcare decisions on your behalf. You can also create a power of attorney where your agent, who may be a different person than your healthcare agent, can make important financial decisions for you. In most instances, their decision-making power expires should you become incapacitated. This is where a durable power of attorney is useful, as their power can persist even when you become incapacitated.
Creating a precise power of attorney legal document is beneficial for you, your family, and your agent, especially when paired with an advance directive. This combination allows you to communicate with your loved ones, explain what health care you are comfortable with, and give power to a trusted agent to both enforce your directive and make decisions not covered by it.
Why is a Living Will Important for Your Healthcare?
Living Wills provide a clear directive regarding your wishes in the face of terminal conditions or permanent unconsciousness. This written statement is not about choosing between life and death; it’s about ensuring that your end-of-life care aligns with your values and wishes. It’s about taking control, detailing whether you’d want life-prolonging measures, specifying your pain relief preferences, and guiding your loved ones through incredibly tough decisions with clarity and confidence.
Clarity is an important part of creating a living will. This is a legal document, after all, and it hinges on legal terms, not emotional ones. For example, instead of writing, “I don’t want to be kept alive if there is no hope of recovery; just make me comfortable,” you would write specific instructions that you do not want tube feeding, put on a ventilator, or on dialysis, but you do want palliative care. This way, your physicians know exactly what treatments to administer and which treatments you would not like to receive.
Most people have likely spent time thinking about how terrible it would be to be kept alive when there is no guarantee of quality of life. If being kept alive with life-sustaining treatment when you will never return to a “normal” way of life sounds like a nightmare to you, you should create a living will so that your loved ones are clear on how you would like to be cared for. This allows you to communicate with your family and physicians and gives them peace of mind that your wishes are clear and concise.
How Should You Choose a Healthcare Proxy?
The process of selecting a healthcare agent is a deeply personal decision. This person, often detailed in your Health Care Power of Attorney, will stand in your stead, making decisions that align with your predetermined wishes. It’s not a role that requires medical or legal experience, but rather, a profound understanding of your values and the willingness to advocate for your preferences. It’s about trust, communication, and preparation, ensuring your chosen agent is ready and willing to take on this responsibility.
With decades of experience, our team at the Law Office of Andrew Rowe, P.A., takes great care in facilitating this conversation, ensuring your healthcare concerns and priorities are thoroughly understood and clearly documented. We engage in detailed discussions, provide comprehensive homework, and, if necessary, facilitate discussions with your chosen healthcare agent to ensure there is no ambiguity regarding your healthcare preferences.
What Should Your Next Step for Comprehensive Health Care Planning Be?
Embarking on the journey of setting up Advance Directives and a Living Will is a step towards peace of mind—for you and your loved ones. It’s about ensuring that your wishes are respected, your healthcare decisions are preemptively made, and your loved ones are spared from making these difficult decisions in times of stress and grief.
While we’re here for urgent situations, creating a thorough and thoughtful plan typically spans a month from consultation to finalization of your documents. Reach out to The Law Office of Andrew Rowe, P.A., today at 316-330-4110 or contact us online to start the conversation with a dedicated Estate Planning Lawyer in Kansas, ensuring your health care preferences are respected and clearly documented for any situation that may arise.