Do I Really Need an Advance Directive?

No one likes to think about the end of their life. It can feel morbid to plan for end-of-life wishes, but it is essential for anyone over 18 to have an advance directive. Most people who are in poor health or living with a life-altering disease or injury know about advance directives and why they must have one in place. It is the young and healthy who often think they do not need to worry about making end-of-life plans. They assume they are invincible. Even if you are young and in relatively good health now, all it takes is one tragic accident or illness to change everything. Regardless of your age or medical status, it is never the wrong time to consider an advance directive.  

What is an advance directive?

An advance directive is a legal document that outlines your preferred medical choices if you are incapacitated and cannot make the decisions yourself. Advance directives also can designate a representative to speak on your behalf. Ideally, that person understands and agrees with your wishes and will ensure they are carried out.

Advance directives do more than ensure your wishes are met. They also take the responsibility of making the hard choices out of the hands of your family members, who may feel burdened by the obligation and have a difficult time following through.

For instance, your advance directive can stipulate that you do not wish to be placed on life support if there is no reasonable chance for your recovery from an illness or injury. Advance directives only deal with health care decisions. You will need separate legal documentation for financial matters.

Advance directives in New Mexico

Some states have laws that cover patients without advance directives or who have not established a durable power of attorney. New Mexico observes a person’s right to create an advance directive. The state also allows for a relative or friend in a special relationship with you to make healthcare decisions on your behalf if you do not have an advance directive in place. Unfortunately, if your family members cannot agree on how to handle your care, the final decision can end up in the hands of a judge. New Mexico courts have the authority to make binding decisions about your care when disputes cannot be resolved without an advance directive to guide them.

What kind of advance directive do I need?

There are three categories of advance directives: durable power of attorney, health care proxy, and living will.

• Durable power of attorney appoints a surrogate decisionmaker and grants them the power to carry out your wishes if you are unable to voice them yourself. There are some additional rights and responsibilities for a durable power of attorney. They can make bank transactions and attend to your other financial needs. A durable power of attorney is only effective while you are incapacitated. Once you can speak for yourself again, the person loses all authority to make choices on your behalf.
• Health care proxies are legal documents that designate the person you have chosen to represent your right to receive or refuse medical treatment when you cannot communicate those choices yourself.
• Living wills are legal documents that outline the types of medical interventions and treatments you permit if you are unable to deliver instructions about your care verbally. Instructions can be as detailed as you would like to make your choices clear.

Sometimes you may require more than one type of advance directive. For instance, you can draft a living will and appoint a durable power of attorney. Consulting with an attorney skilled in New Mexico estate law is recommended to ensure you have the right legal documents in place to meet your anticipated needs.

Reasons why you need legal documents outlining your care

Advance directives are the best way to provide peace of mind for you and your loved ones. Here are a few other reasons why you need an advance directive.

• They help you prepare for unexpected medical emergencies. No one plans to be in a tragic accident that can leave them clinging to life. Yet, end-of-life situations can happen at any time to anyone. Think through how you feel about invasive medical interventions and other treatments, then make your wishes known in this binding legal document.
• They comfort your family. When you establish your wishes, it takes the burden of making those choices off the plates of people who may be struggling with the right decision. Help avoid friction in your family by placing the responsibility for your care where it belongs: in your hands.
• They provide clear guidance to your healthcare providers. Reinforce meaningful care between yourself and your medical team by leaving nothing to chance. When you have an advance directive, your healthcare providers know your wishes and will carry them out.

Planning for your needs

When you are ready to explore your advance directive options, reach out to an experienced attorney like Scott Atkinson. He provides free consultations for clients to discuss their advance directive needs. Call 505-944-1050 or request an appointment online.