Advance Directives: Your Guide to End-of-Life Planning

Planning for the future often brings up big questions, and few topics feel as sensitive or as important as end-of-life care. It’s not something most of us want to think about, but having a clear plan in place can make all the difference for you and your loved ones. 

In this article, we’ll guide you through the essentials of advance directives, breaking down what they are, why they matter, and how you can put them in place.

What Is End-of-Life Planning and Why Does It Matter?

End-of-life planning involves making decisions about the medical care and treatments you’d want—or not want—if you’re ever unable to speak for yourself. It’s about ensuring your voice is heard even when you can’t express your wishes.

This kind of planning isn’t just for older adults or those facing serious illnesses. Unexpected events, like accidents or sudden health issues, can happen at any age. 

By taking the time to create advance directives, you give your loved ones a clear guide to follow and remove the burden of making difficult decisions during stressful times.

Advance Directives Explained

Advance directives are legal documents that let you outline your preferences for medical care and appoint someone to make decisions on your behalf. 

In Washington State, these typically include a Living Will and a Durable Power of Attorney for Health Care (often called a Health Care Power of Attorney).

Living Will: Putting Your Wishes in Writing

A Living Will allows you to specify what types of medical treatments you’d want or want to avoid if you’re unable to communicate.

Key points to include in a Living Will:

• Whether you’d want resuscitation efforts like CPR if your heart stops.
• Preferences about artificial nutrition and hydration (like feeding tubes).
• Pain management decisions, including medications to keep you comfortable.

Legal Requirements for a Living Will in Washington:

• It must be in writing.
• You must sign it yourself or have someone sign on your behalf in your presence and at your direction.
• Two qualified witnesses (who aren’t family members or beneficiaries) must sign it.

Health Care Power of Attorney: Choosing Someone to Speak for You

A Durable Power of Attorney for Health Care lets you appoint someone—your agent—to make medical decisions if you can’t. This person should be someone you trust completely to follow your wishes.

Things to consider when selecting an agent:

• Are they reliable and willing to take on this responsibility?
• Do they understand your values and beliefs about medical care?
• Will they be able to make tough choices under pressure?

These are essential for situations where medical decisions aren’t directly addressed in your Living Will or when quick action is needed.

How to Create Advance Directives in Washington State

Getting started might seem overwhelming, but it’s a straightforward process when broken into steps.

Step-by-Step Guide to Setting Up Advance Directives

1. Draft Your Documents.
   • You can use templates or state-specific forms, but it’s wise to customize them to reflect your personal preferences.
2. Meet Witness Requirements.
   • Ensure your documents are signed in the presence of two qualified witnesses.
3. Share Your Documents.
   • Distribute copies to your agent, healthcare providers, and trusted family members. Keeping everyone informed reduces confusion later.
4. Consider a POLST Form.
   • A POLST (Portable Orders for Life-Sustaining Treatment) form complements your directives by turning your preferences into medical orders.

Should You Work with a Lawyer?

While many people can complete advance directives by using templates, consulting with an attorney ensures your documents meet all legal requirements and reflect your wishes accurately.

Keeping Your Directives Up to Date

Life is constantly changing, and so are your circumstances. That’s why it’s important to revisit your advance directives regularly.

When Should You Update?

• After major life events like marriage, divorce, or the birth of a child
• If you’re diagnosed with a significant illness
• Anytime your preferences or relationships change

Making changes to your documents is simple: revoke the outdated version and replace it with a revised one, ensuring it’s signed and witnessed properly.

Talking to Your Family about Your Wishes

Even with advance directives in place, it’s essential to have open conversations with your loved ones about your choices.

Tips for Starting the Conversation

• Begin with general thoughts about what matters most to you regarding quality of life and medical care.
• Share your documents and explain your decisions.
• Encourage questions to clear up any confusion.

Handling Disagreements

Family members may have differing opinions about what’s best. When conflicts arise, stay focused on your values and use your documents as a guide to keep everyone aligned.

What Advance Directives Can and Can’t Do

Advance directives provide clear guidance, but they have limitations.

• What they can do: Specify treatment preferences and appoint someone to act on your behalf.
• What they can’t do: Request illegal procedures like assisted suicide or override emergency medical protocols unless specified in a POLST form.

How Advance Directives Work with Other Legal Documents

Advance directives are part of a larger estate plan, which might include a will or trust. While these documents serve different purposes, they work together to provide comprehensive guidance.

Why Advance Directives Matter

End-of-life planning gives you control over your medical care and relieves your loved ones of uncertainty during difficult times. Whether you’re setting up your first advance directive or reviewing your existing ones, we’re here to help.

At The Jackman Law Firm, we believe in making complex processes feel simple and approachable. If you have questions or want assistance creating legally binding advance directives, give us a call. Let’s work together to make sure your wishes are honored.