Advance directives are an important part of estate planning in Connecticut
In order to ensure that provisions are in place in case of incapacity, it is necessary to have a living will as part of your estate plan.
March 27, 2014
Advance directives are an important part of estate planning in ConnecticutArticle provided by Riefberg, Smart, Donohue & NeJame, P.C.
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When you think about your estate plan, you probably think about your will or trust, but probably little else. Although these items are no doubt important parts of an estate plan, they are not all that estate planning is about. An often overlooked aspect of estate planning is incapacity planning, specifically what kinds of medical treatment you would like to receive, should you ever become unable to express your wishes.
Fortunately, in Connecticut, an advance directive is a legal means of addressing this contingency. This type of document allows you to provide directions and express your wishes regarding your medical treatment. Advance directives are typically not just one document, but a group of documents that include a living will and the appointment of a health care representative.
Living wills
Living wills are an important part of advance directives. This type of document allows you to state your wishes regarding the type of healthcare that you receive. If you ever develop an incurable terminal condition that will likely result in death or become permanently unconscious (e.g. a coma), your living will can also let your physician know whether you would like life support systems (e.g. respirators, CPR or feeding tubes) to keep you alive. Living wills only go into effect when you are unable to communicate your healthcare decisions; otherwise, you can continue to actively make your own decisions regarding medical treatment.
Healthcare representatives
Since living wills cannot possibly cover every situation, it is also important to appoint a healthcare representative. This person is someone that you authorize to make healthcare decisions on your behalf, including life-support decisions. Your representative bases his or her decisions on your wishes that you expressed in your living will or that you otherwise made known to him or her. If a situation arises that your living will does not address, your representative can make a decision on your behalf, based on what is consistent with the wishes that you have expressed.
Under Connecticut law, you can choose virtually anyone to be your healthcare representative. However, the law does not allow you to choose: your physician; an operator, administrator or employee of your hospital or nursing home; or an administrator or employee of a government agency that is paying for your healthcare. Like living wills, your healthcare representative's powers do not go into effect until you are unable to communicate your healthcare decisions.
Speak to an attorney
Having an effective advance directive as part of your estate plan can help your family at a stressful time in life, by removing all doubt concerning your healthcare wishes. If you have not yet executed an advance directive, contact an experienced estate planning attorney for assistance with this important aspect of estate planning.