Life is full of surprises, some of which can drastically alter our ability to make our own decisions. An unexpected illness or accident can leave us vulnerable and dependent on those around us for care. The good news is, we can plan for these critical moments. We can decide which medical procedures we want included in our treatment and which ones we don’t. We can also choose someone we trust to make decisions on our behalf and give them the legal authority to challenge any policies that go against our wishes.
This month, we’re discussing advance directives and the importance of having one in place for residents of Wayzata, MN. Advance directives ensure that your healthcare preferences are known and respected, especially if you cannot make decisions for yourself. We’ll explain how advance directives work, how incapacity is determined in Minnesota, and what guardianship and conservatorship mean when you are injured or sick.
We’ll also mention how experienced estate planning attorneys can make the process easier for you when you’re making decisions, and simpler for your family when they’re following them. Call Waldron Law Offices, Ltd. today to start learning how advance directives can benefit you.
Why Planning Ahead Matters
If you’re ever in a hospital and unable to communicate due to an unexpected illness or accident, important medical decisions will need to be made. If you haven’t planned ahead, those decisions might fall to someone who may not fully understand what you want. This is where an advance directive becomes useful.
An advance directive is a legal document that lets you spell out your healthcare preferences, such as specific treatments you wish to receive or avoid. More importantly, it allows you to appoint a trusted person to make these decisions on your behalf using their best judgment about what you would want. Advance directives ensure your voice is heard, even when you can’t speak for yourself. And it gives your loved ones peace of mind that your wishes are being honored.
How Is Incapacity Determined in Minnesota?
In Minnesota, determining whether someone is incapacitated isn’t a decision taken lightly. It involves a thorough assessment by a licensed physician who evaluates if you can understand and communicate your healthcare decisions. It considers your ability to grasp the nature and consequences of your medical choices, so if the physician concludes that you’re incapacitated, your advance directive becomes the guide for your care. Without an advance directive, the state steps in with its own system of determining decision-makers, which might not align with your personal wishes or involve the people you trust most.
Default Medical Decision-Makers
If you find yourself incapacitated without an advance directive, Minnesota law steps in with a list of the people who can make medical decisions for you. The list usually goes in this order:
- Spouse
- Adult children
- Parents
- Adult siblings
- Other close relatives
However, relying on this default system can sometimes lead to unintended outcomes. For instance, if your closest relative is a strained relationship, they might still end up making essential healthcare decisions for you. Creating an advance directive lets you handpick a trusted individual who truly understands and respects your wishes. This avoids potential conflicts and ensures everything is handled how you want.
Guardianship, Conservatorship, and Power of Attorney
Without an advance directive, a court might need to step in to appoint a guardian or conservator to manage your personal and financial affairs. A guardian is responsible for making personal healthcare decisions for your overall well-being. This includes everything from medical care to living arrangements if your condition is expected to continue. On the other hand, a conservator takes charge of the financial matters. They manage your assets, pay bills, and make sound investments that benefit your overall financial health.
The court process to appoint a guardian or conservator starts with a petition, usually by family members or friends. It involves a detailed evaluation by medical professionals and social workers, followed by a court hearing where all evidence and concerns are presented. The court then decides if guardianship or conservatorship is necessary, carefully defines their duties and responsibilities, and then appoints an appropriate person. They’ll ensure the process meets Minnesota standards, even if the decisions don’t align with your own.
Alternatively, a power of attorney is a simpler way to ensure your wishes are respected without involving the court. It lets you designate someone to make these decisions on your behalf. Advance directives, living wills, and powers of attorney work together to prevent the need for court-appointed guardians or conservators. They ensure your wishes are both understood and followed.
How Our Estate Planning Attorney Sets Up Your Advance Directives
- We Learn Your Needs: Our estate planning attorney will take the time to understand your personal situation, health concerns, and specific preferences.
- We Explain Your Legal Options: We’ll introduce you to the various legal tools available, such as living wills, healthcare proxies, and durable powers of attorney for healthcare and finance.
- We Create Your Customized Contracts: Once your needs and preferences are clear, our attorney will draft the necessary documents to establish your advance directive. This includes detailing specific medical treatments you want to receive or avoid and appointing a trusted person to make decisions on your behalf if you are unable to do so.
- We Update and Review: Life circumstances and preferences can change over time. We advise you to regularly review and update your advance directive to reflect any changes in your healthcare preferences or personal situation. We answer any questions, provide guidance during critical moments, and ensure that your advance directive is readily accessible when it’s needed.
Make Your Medical Decisions in Advance with Waldron Law Offices, Ltd.
Taking proactive steps to ensure your healthcare preferences are honored is important for your peace of mind and the well-being of your loved ones. An advance directive is a powerful tool that allows you to outline your medical decisions clearly and appoint someone you trust to make decisions on your behalf if you become incapacitated.
At Waldron Law Offices, Ltd., we understand the importance of these decisions and are committed to guiding you through the process with compassion and expertise. Don’t leave your future to chance. Contact us today at (952) 471-0940 to create an advance directive that reflects your wishes and protects your family from the uncertainty of an unexpected illness or injury.
