Estate planning is not only about what happens to your assets. It’s also about what happens to you in the event of a health emergency that prevents you from coordinating with the medical team as to which treatments you want or don’t want.
For example, some people would jump at the chance of an organ donation if it meant they lived, while others, perhaps for religious reasons, would find a transplant completely unacceptable. Another example would be rescuscitation — some would choose to take it while some would not.
In Virginia, you can make an advance directive to cover such situations. There are two main things to cover.
Appointment of an agent
You designate someone as an agent to make your health care decisions, similar to how you might give someone power of attorney over your financial affairs. They will speak with doctors for you if you are unable to speak for yourself.
Note that they would only gain this power if and when such emergency circumstances arise. They can’t tell doctors how to treat you if you are perfectly capable of communicating with the doctors yourself. Be sure to explain some of your choices to them so they don’t go into a situation totally blind.
Living will
You can outline your preferences yourself in a living will. You likely cannot imagine all possible situations, but you can set out your choices for many of them.
Making these documents is one thing. You also need to ensure that someone knows they exist and where to find them. You also need to be sure that the documents will stand up to potential challenges that might occur from loved ones who disagree with the treatment choices you or your agent makes. Seeking experienced legal guidance is, therefore, wise.