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Writer's pictureNicole Palermo

Planning for Incapacity: The Importance of Advance Directives

power of attorney as a part of advance directives

Advance directives ensure that healthcare and financial decisions align with personal values and preferences, particularly when individuals cannot make these decisions independently. These legal documents, including living wills, healthcare proxies, and powers of attorney, are not just for older adults; they are vital for anyone over the age of 18. Taking the time to create advance directives can provide clarity and peace of mind for individuals and their families.


Why Advance Directives Matter for Adults Over 18

Once a child turns 18, parents lose the legal authority to make healthcare or financial decisions on their behalf. This transition often catches families by surprise, especially in medical emergencies where swift decision-making is critical. Without proper documentation, parents and guardians may face significant hurdles in accessing medical information or making choices for their adult children.


Encouraging young adults to establish advance directives—such as a healthcare proxy and durable power of attorney—can ensure that someone trusted is designated to act in their best interests. Having these documents in place allows families to avoid delays and complications during already stressful situations. Open conversations about the importance of advance directives can help young adults understand the value of planning for unexpected circumstances.


The Role of a Healthcare Proxy

A healthcare proxy is a legal document that designates someone to make medical decisions on your behalf if you cannot do so. This person, often referred to as a healthcare agent, acts as your advocate during medical crises. Selecting a healthcare proxy ensures that your medical preferences are honored, even if you cannot communicate them yourself.


When choosing a healthcare proxy, picking someone who understands your values and can make decisions under pressure is crucial. Regularly discussing your wishes with your chosen proxy ensures they are prepared to act in alignment with your preferences. Including this conversation as part of a broader family discussion can help avoid misunderstandings and ensure everyone is on the same page.


Understanding Living Wills

A living will is another critical component of advance directives. This document outlines your specific preferences regarding medical treatments, such as life support, resuscitation, or organ donation. Unlike a healthcare proxy, which designates a decision-maker, a living will provides detailed instructions for healthcare providers to follow.


Living wills are particularly important for expressing preferences about end-of-life care. Creating a living will relieve loved ones of the emotional burden of making these difficult choices without guidance. Reviewing and updating your living will periodically ensure it remains relevant and reflective of your current wishes.


The Importance of a Power of Attorney

While healthcare proxies and living wills address medical decisions, a durable power of attorney focuses on financial matters. This document appoints someone to manage your financial affairs if you become incapacitated. Tasks such as paying bills, managing investments, or accessing bank accounts can become impossible without this legal authority in place.


Choosing the right person for this role is as important as selecting a healthcare proxy. The individual should be trustworthy, financially responsible, and willing to act in your best interest. A durable power of attorney ensures that financial responsibilities are handled seamlessly, protecting your assets and preventing unnecessary complications.


Starting the Conversation with Family

Discussing advance directives with family members can feel daunting, but it is an essential step in ensuring your wishes are respected. For parents, introducing this topic to young adults can help them understand the importance of these legal tools. Framing the conversation as a way to protect their independence and provide clarity during emergencies can make the discussion more approachable.


For older adults, talking openly with children and loved ones about healthcare preferences and financial planning fosters transparency and trust. Sharing your reasons for creating advance directives can encourage others in your family to take similar steps, creating a proactive and prepared support network.


Contact The Palermo Firm

Planning for incapacity is crucial to protecting your rights and ensuring your wishes are respected. Advance directives, such as healthcare proxies, living wills, and powers of attorney, provide the tools to navigate challenging situations. These steps can prevent unnecessary stress and conflict for your loved ones later.


If you're ready to create or update your advance directives, contact The Palermo Firm at 516-262-4040 or contact@thepalermofirm.com. You can also use the contact form on our website at https://www.thepalermofirm.com/contact. For your convenience, we have offices in Plainview and Commack. Let’s work together to ensure your future is secure and your wishes are honored.


advance directives, healthcare proxy, living will, power of attorney, incapacity planning

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