For virtually every client that comes to my office to do Estate Planning including their Living Trust and Will, I prepare an Advance Health Care Directive. In the document, the client gives a power of attorney to someone to make medical decisions in the event that they are no longer able to make their own medical decisions. In another part of the document, the individual makes known his or her thoughts concerning life support. What may be a surprise to some is that healthcare providers may decline to honor an Advance Directive and that frequently is the case during surgery especially for a fairly healthy individual. Doctors want (need) to have discretion if something does not go as planned during surgery.
This does not mean that Advance Health Care Directives do not work. They work extremely well and it is very important to have executed such a document. Just understand that surgeons may suspend the directive. As soon as the patient is out of surgery, it is once again valid! Comments are closed.
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Michael Burstein
Estate Planning and Probate Attorney, Manhattan Beach Local, Sports Enthusiast
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April 2023
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