Advance Directive Fast Facts

• What it is: An advance directive is a set of legal documents (including a living will and a health care power of attorney) that says who speaks for you and what care you want if you can’t speak for yourself.
• What it does: It gives your family written guidance regarding your health care wishes when you are unable to speak or make decisions.
• If you’re seriously ill: Ask about Transportable Physician Orders for Patient Preferences, which turns your end-of-life wishes into physician-signed medical orders.
• Contact KC Elder Law: Call us at 913-338-5713 or 816-220-4119.

Talking about future medical care for yourself is difficult, let alone for a loved one. Most would rather put the conversation off (and many families do) until a hospital room visit makes the decision urgent and immediate. That’s when an advance directive matters. An advance directive is a set of legal documents that explains your specific medical-care wishes if you fall ill or are injured in a way that prevents you from communicating your decisions.

Studies show that 37% of U.S. adults have completed some type of advance directive. Many would rather assume those moments will never happen. But preparation today can save others from facing difficult decisions when the time comes.

Why Do So Many People Avoid Making an Advance Directive?

Many people avoid or skip preparing an advance directive, and the reasons vary. Some fear that signing one will cause doctors to give up on them in an emergency. Others struggle to imagine what they’d want in moments that feel years away, or assume their family will “figure it out” in the moment. Without our specific wishes in writing, loved ones are forced to make serious choices in a crisis, when emotions are high. Conflict can erupt in these moments, and you want clarity, not a fight, when your health is on the line.

Where Can Advance Directives Go Wrong?

The benefits of an advance directive is clear, but there are instances where an advance directive can break down and fail you at the moment you need it:

• It’s signed and filed away, but nobody can find it. A study of 104 older adults found that only 13% had any advance planning documents that staff could find on record.
• The wording is vague. If an advance directive uses vague wording (such as “no heroic measures”) that must be interpreted, it may not lead to the intended care.
• The advance directive is out of date. There are plenty of life-changing events that can lead to an advance directive change, such as divorce, a move, the death of someone who was originally involved in your care, etc.
• The agent was never told about the directive. Always choose someone you trust to speak up for your wishes, and have the conversation with them directly. Let other family members know who that individual is.
• It’s the wrong tool for the situation. In some cases, an advance directive alone isn’t right or enough. If families are facing serious illness, a TPOPP may also be beneficial. A Transportable Physician Orders for Patient Preferences (TPOPP) takes the wishes in your advance directive and turns them into physician-signed medical orders that travel with you. If you or a loved one is seriously ill, it’s worth having a conversation with your medical provider about one.

An Advance Directive Checklist

• Complete both a living will and a health care power of attorney, with the right witnesses or a notary.
• Name an agent as well as a backup, and talk with both of them about your wishes and the directive.
• Give copies to your agent, your family, and your doctors, and ask them to add your advance directive to your medical chart.
• Update your directive after any major life change.
• Ask your doctor about TPOPP if you are living with a serious illness.

Want to Learn More About Planning Ahead?

Planning ahead is one of the kindest things you can do for the people who love you. They'll feel more comfortable and confident knowing how to care for you, and you’ll have peace of mind knowing you’ve taken steps to prepare for tomorrow today. If you are wondering about advance directives or other important parts of life, you don’t have to sort out the details alone. KC Elder Law helps families across the Kansas City area put documents in place so they work when you need them.