What Are Advance Directives for Health Care? www.FrankKraft.com 1

“When plan your estate, you make preparations for actions that will take place after you are gone, but you should also address the period of time that will precede your passing.”

WHAT ARE ADVANCE DIRECTIVES FOR HEALTH CARE?

PAUL A. KRAFT Indiana Estate Planning Attorney

What Are Advance Directives for Health Care? www.FrankKraft.com 2

The process of estate planning is often

perceived as something that is purely

financial in nature. There is no question

about the fact that you have to arrange

for the distribution of your resources after

you pass away when you devise your

estate plan. At the same time, there are

other important considerations.

When plan your estate, you make

preparations for actions that will take

place after you are gone, but you should

also address the period of time that will

precede your passing. Unfortunately,

many people become unable to communicate medical decisions toward the end.

You can address this when you are planning your estate.

INCAPACITY PLANNING

Every well constructed estate plan should address the possibility of latter life

incapacity. Health care matters will be part of the equation, and you can let your

wishes be known if you execute legal documents called advance directives for

health care.

One of these advance directives is a living will. Just about everyone has heard of

What Are Advance Directives for Health Care? www.FrankKraft.com 3

the estate planning document called the last will or last will and testament. That

document is used to express final wishes with regard to asset distributions, but a

living will has nothing to do with monetary matters.

The medical community can do some amazing things during our current era

given the state of technology. In many cases, people who are in terminal

conditions with no hope of recovery can be kept alive indefinitely through the

implementation of artificial life-sustaining measures. Feeding tubes, artificial

hydration, mechanical respiration, and other techniques can be utilized in many

cases.

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There are many people who would rather let nature take its course, and others

would prefer to allow the utilization of these measures. This is a very sensitive

subject, and the decision is a personal one.

If you do nothing to prepare for this eventuality, there can be disagreements

among family members with regard to the appropriate course of action, and

your own true wishes may not be honored.

You can prevent this through the execution of a living will. You can state your

preferences with regard to the utilization of life-sustaining measures in your

living will.

Generally speaking, the living will is going to focus on the subject of the

utilization of techniques and devices that would prolong your life if there is no

hope of recovery. There are other types of medical situations that could present

themselves.

To account for these scenarios, you could include another advance directive for

health care called a durable power of attorney. These documents are sometimes

called health care proxies. With a durable power of attorney for health care, you

name an agent. This person would be legally empowered to make medical

decisions on your behalf if you become unable to make them yourself.

When you think about incapacity, you may envision physical incapacity, and of

course many people do experience this condition before they pass away.

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However, there is also the matter of mental incapacity.

The Alzheimer's Association is a very good source of information about the

disease. We have all heard of Alzheimer's, but is widespread nature is rather

surprising. According to research that has been conducted by the Alzheimer's

Association, approximately 45 percent of people who are 85 years of age and

older have contracted the disease. Clearly, this is a looming threat, you can

prepare yourself in advance if you execute advance directives for health care.

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CONCLUSION

A well-constructed, comprehensive estate plan will take a 360 degree approach.

Of course you want to express your final wishes regarding the way you want

your monetary assets distributed, but you should also address end-of-life issues.

Advance directives for health care will be part of the plan. A living will should

include to state your life support preferences, and you can name a health care

decision-maker through the execution of a durable power of attorney for health

care or health care proxy.

Estate planning is one of the basic responsibilities of adulthood, and incapacity

planning is a key component. If you are currently unprepared, action is required.

Estate planning attorneys will typically offer no obligation consultations, so you

can reach out to a licensed professional in your area if you are ready to put a

plan in place.

REFERENCES

American Bar Association http://www.americanbar.org/groups/real_property_trust_estate/resources/estate_planning/living_wills_health_care_proxies_advance_health_care_directives.html Alzheimer's Association http://alz.org

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About the Author

Paul A. Kraft

Paul Kraft is Co-Founder and the senior Principal of Frank & Kraft, one of the leading law firms in Indiana in the area of estate planning as well as business and tax planning.

Mr. Kraft assists clients primarily in the areas of estate planning and administration, Medicaid planning, federal and state taxation, real estate and corporate law, bringing the added perspective of an accounting background to his work. In addition to his practice, Mr. Kraft has lectured extensively in the areas of living trust planning, Medicaid planning, and presenting public and private seminars on the importance of proper estate planning. He has also authored various articles on estate planning and is a contributing author of LEGACY: Plan, Protect, and Preserve Your Estate–Practical Answers from America’s Foremost Estate Planning Attorneys. Mr. Kraft is a co-founder of the Indiana Network of Estate

Planning Professionals, a charter member of the AmericanAcademy of Estate Planning Attorneys and a founding member of the National Network of Estate Planning Attorneys. He is also a member of the Indianapolis Bar Association, including the Taxation, Business Law and Estate Planning sections; the Indiana State Bar Association, including the section on Taxation Law; the Indiana CPA Society; and the Estate Planning Council of Indianapolis. Mr. Kraft is admitted to practice law before the Supreme Court of Indiana, U.S. District Courts, and U.S. Tax Court.

Frank & Kraft A Professional Corporation Attorneys at Law www.FrankKraft.com 135 N. Pennsylvania Street Suite 1100 Indianapolis, IN46204-2485 Phone: (317) 684-1100 Fax: (317) 684-6111