Even if a Living Will exists in the estate plan, difficult decisions still may occur for the health care proxy. As mentioned in the article The Need for a Living Will in Your Estate Plan, there is no way to predict the illness that may incapacitate an individual. Therefore, instructions to handle certain treatments for an illness may not exist in the Living Will. Consequently, the health care proxy for an incapacitated individual may face difficult decisions.

Possible Difficult Decisions

Although a Living Will may be clear in stating wishes, there remains decisions that are hard to resolve. According to Plan Your Estate by Nolo, the health care proxy may encounter the following decisions: 

• Precisely when to administer or withhold medical treatments.

• Decide whether or not to provide, withhold, or continue antibiotic or pain medication.

• Whether or not to pursue complex surgeries for the sole purpose of prolonging life.

These types of difficult decisions are impossible to account for in a Living Will. However, an individual can provide additional guidance to the health care proxy by granting the proper authority.

Granting Proper Authority to the Health Care Proxy

To help the health care proxy handle the difficult decisions, the Living Will must grant the proper authority. According to Plan Your Estate by Nolo, granting the following authority will provide additional guidance to the health care proxy:

• Grant or withhold consent to surgical procedures.

• Consent to the appropriate end of life care, including pain relief.

• Allow decisions on issues not covered in the Living Will.

• Hire and fire medical personnel.

• Allow for visitation in medical facilities, including hospitals, where visitation restrictions exist.

• Allow access to medical records and other personal information.

• Obtain the required court authorization to provide or withhold medical treatment if a doctor refuses to comply with the Living Will.

Along with clearly stated wishes in the Living Will, granting proper authority provides clear guidance to the health care proxy.

Pressures for the Health Care Proxy

The pressure to make life and death decisions for an individual is part of being the health care proxy. That’s why it is important for any individual to state their wishes for end of life care. Without the guidance of a Living Will, the health care proxy can only assume the wishes of an individual. This would enhance the burden on the health care proxy.  

So, to ease the burden on the health care proxy, an individual should convey their wishes in a Living Will. Additionally, an individual should grant a full range of authority to the health care proxy. In the end, the health care proxy should be able to direct the care an individual wished for.  

Was this article helpful? Do you understand how the Living Will eases the burden on the health care proxy? Share your comments or questions in the comment area below.

Reference

Plan Your Estate– Plan Your Estate by Nolo goes into more detail about powers of attorney and Living Wills.