Louisville Advance Directives Overview

Advances in medicine have made our lives easier and more comfortable. The other side of that coin is that medical science can prolong a person’s life for years beyond the time when they become incapacitated. If you end up in this situation, having legal advance directives can ensure someone of your choosing will have authority over your affairs when you are no longer able to do so.

What is an Advance Directive?

An advance healthcare directive is a legal document that gives another person (the principal) the power to make healthcare decisions for you should you become unable to make those decisions for yourself. These documents can also directly inform healthcare providers of your specific wishes in certain circumstances in the event you become incapacitated.

Setting Up Legal Advance Directives in Kentucky

Kentucky law recognizes three types of advance directives:

1. Living Will

A living will is the most common type of advance directive in Kentucky. It is a legal document that outlines your wishes about medical care should you be unable to voice those choices due to incapacity.

According to the Kentucky Living Will Directive Act of 1994, you have the right to make decisions about your own health care, which includes authorizing or refusing care. This right also extends to proposed treatments, such as those that would prolong your life. For example, you can use a living will to specify that you don’t want to be given a feeding tube or placed on a breathing machine.

A living will allows you to outline your wishes about organ and tissue donation should you pass away. You can also specify your preferences for funeral and burial arrangements.

2. Health Care Surrogate

A healthcare surrogate is a type of advance directive that allows you to name a specific person to make your medical decisions if you are unable to do so. This individual will act in your best interests to authorize, refuse, or stop treatment when you are temporarily or permanently unable to make these decisions yourself.

3. Advance Directive for Mental Health Treatment

This document allows you to create written instructions about your wishes for mental health treatment should you become unable to voice those decisions in the future. Examples include decisions about seclusion, restraint, psychotropic medications, and electroconvulsive therapy.

A debilitating injury or illness can happen at any time. The best time to discuss your wishes during these situations is when you are healthy.

Choosing Your Healthcare Representative

Your healthcare representative (also known as your agent or proxy) is the person who will act on your behalf should you become physically or mentally incapacitated and unable to communicate your own decisions. You can appoint a family member, other relative, or friend as your agent and may wish to name an alternate should your primary choice be unavailable.

You should advise the person you choose of their role and your healthcare wishes. You are not permitted to select your doctor or any of their employees as your representative. The person you choose will have several important responsibilities should you become incapacitated. They will need to:

• Ensure they understand your wishes as outlined in your advance directives.
• Discuss your condition and wishes with your healthcare providers.
• Make medical decisions on your behalf.
• Refuse medical care when it is appropriate and in line with your wishes.

Revoking or Modifying Advance Directives

Advance directives aren’t necessarily something you do just once and forget about. Your needs and preferences might change over time. It’s always a good idea to periodically review these documents when you update the other parts of your estate plan to ensure they align with your current wishes.

You can revoke or modify your advance directives at any time. If you decide to make any changes, it’s important that you inform your family members, physician, caregivers, or anyone else who may need this information to ensure they are using the most current documents.

Making Your Advance Directives Part of Your Estate Plan

Your advance directives should be just one component of a carefully devised estate plan. It’s never too early to plan for your future and ensure your true wishes are followed should you become incapacitated. An experienced estate planning attorney can discuss your unique needs and goals to help you place these vital decisions in the proper legal form.

Louisville Estate Planning Attorney is dedicated to providing people who are interested in securing their financial future with the information they need to make sound decisions. We can connect you with a Kentucky estate planning attorney that will offer knowledgeable guidance on wills, trusts, and other estate planning strategies.