If you need legal assistance regarding living wills/power of attorney matters, contact us online or call us at (615) 800-7096 today for a free consultation with an experienced attorney.
Making sure the right people are in charge of your health is an important aspect of ensuring your future is secured in the way that you see fit. Establishing a valid power of attorney and drafting a living will can be vital in the event you are suddenly unable to make these decisions on your own.
The Tennessee living will lawyers at Martin Heller Potempa & Sheppard, PLLC can help those living in Nashville, Springfield, and throughout Middle Tennessee determine what provisions need to be put in place to protect their best interests and goals.
The Basics of a Living Will
A living will is a legal document that gives instructions on what to do and not to do if you become incapacitated and are unable to make these decisions. For example, you get into an accident that causes a brain injury. You are unable to make the most basic of decisions, let alone what to do in the event of emergency health care.
A living will can include the following information:
Life-Prolonging Medical Care – Your living will should have instructions on whether you want medical treatments that will prolong your life in the event that your life is near its end. For example, you need to be put on a respirator to help you breathe. This also includes the administration of food and water to help you survive.
Do Not Resuscitate – If you are near the end of your life and you stop breathing, what happens next? If you wish not to be resuscitated in an effort to prolong your life, you should put this information in your living will. It is also advisable to let your doctor or hospital know of your wishes.
Palliative Care – Also known as comfort care or pain management, you can specify in your living will that you wish to be comfortable and free of pain until you pass away. So although the doctors will not prolong your medical treatment, they will provide the necessary medication to keep you pain-free.
Power of Attorney Basics
The durable power of attorney is a legal tool that allows an individual of your choice to have the power to make health care and end-of-life decisions on your behalf if you become incapacitated. It is this designated person who has the legal authority to see that wishes you have set forth in your living will are carried out.
According to Tennessee’s Durable Power of Attorney for Health Care Act, the durable power of attorney has the authority to approve or deny any procedure or treatment to diagnose, assess, and treat disease, illness or injury that will prolong your life. If the physician fails to follow the power of attorney’s directives, a transfer will be required.
Our Living Will Lawyers are Ready to Help
Trusting someone to make decisions for you in your place is no easy matter. Careful and detailed planning setting out your desires can help ensure your future interests are protected. The Nashville living will lawyers at Martin Heller Potempa & Sheppard PLLC can advise you on how to get your wishes across and help you select the correct person to be your power of attorney. We can then help devise appropriate instruments and documents to achieve those objectives.