The question of whether an estate planning attorney also handles healthcare directives and living wills is a common one, and the answer, particularly at the firm of Steve Bliss, is a resounding yes. While often considered separate documents, these crucial tools are deeply interwoven with comprehensive estate planning. They ensure your healthcare wishes are known and respected if you are unable to communicate them yourself, a scenario that can arise unexpectedly due to illness or injury. Approximately 70% of adults do not have these essential documents in place, leaving their families to make difficult decisions without clear guidance. Steve Bliss and his team recognize this gap and integrate these directives seamlessly into the overall estate planning process, providing clients with peace of mind knowing their wishes will be honored.
What is the difference between a healthcare directive and a living will?
Many people use the terms “healthcare directive” and “living will” interchangeably, but there’s a subtle, yet important, distinction. A living will specifically outlines your wishes regarding life-sustaining treatment, such as ventilation, artificial nutrition, and hydration, in end-of-life situations. A healthcare directive, however, is a broader document that encompasses a living will *and* a durable power of attorney for healthcare. The durable power of attorney allows you to appoint someone – your healthcare agent – to make medical decisions on your behalf if you are incapacitated. This agent can interpret your wishes, consult with doctors, and ensure your values are upheld even in complex medical scenarios. The combination offers a comprehensive approach to safeguarding your healthcare autonomy.
Why are these documents important, even if I’m young and healthy?
It’s a common misconception that these documents are only necessary for the elderly or those with pre-existing conditions. Unexpected accidents and sudden illnesses can happen to anyone, at any age. Imagine a young athlete involved in a car accident and rendered unconscious. Without a healthcare directive, family members may disagree about the best course of treatment, leading to delays and emotional distress. Establishing these documents proactively eliminates ambiguity and ensures your wishes are known, regardless of your age or health status. Furthermore, having these documents in place can significantly ease the burden on your loved ones during a challenging time, allowing them to focus on providing emotional support rather than grappling with difficult medical decisions.
How does Steve Bliss approach drafting these documents?
Steve Bliss’s firm prioritizes a personalized approach to drafting healthcare directives and living wills. It’s not a one-size-fits-all process. The team begins with a detailed conversation to understand your values, beliefs, and specific wishes regarding medical treatment. This includes discussions about end-of-life care, organ donation, and religious or philosophical considerations. Steve Bliss believes in empowering clients to make informed decisions, providing clear explanations of complex medical terminology and legal implications. The firm then meticulously drafts the documents, ensuring they are legally sound, comprehensive, and reflect your unique circumstances. They also guide clients on how to properly execute and store the documents for easy access when needed.
Can these documents be updated or changed?
Absolutely. Your values and wishes may evolve over time, and it’s crucial that your healthcare directives and living will reflect those changes. Life events, such as marriage, divorce, or the birth of a child, can significantly impact your preferences. Steve Bliss encourages clients to review their documents periodically, at least every five years, or whenever a major life event occurs. The firm offers ongoing support and can easily amend or update the documents to ensure they remain current and aligned with your wishes. This flexibility is essential to maintain the effectiveness of these critical tools.
I’ve heard stories about families fighting over end-of-life decisions; how can these documents help prevent that?
Unfortunately, disputes over end-of-life care are all too common, and they can be incredibly painful for families. Without clear direction from a healthcare directive, family members may have differing opinions about what the patient would have wanted, leading to conflict and legal battles. I remember a case where a woman, let’s call her Eleanor, was in a coma after a stroke. Her two children vehemently disagreed about whether to continue life support. One child believed their mother would have wanted every possible intervention, while the other remembered her explicitly stating she didn’t want to be kept alive artificially. The legal wrangling dragged on for weeks, causing immense emotional distress for everyone involved. Had Eleanor had a living will and a designated healthcare agent, the decision would have been clear, and the family could have focused on supporting each other.
What if I change my mind about treatment while I’m still able to communicate?
That’s a valid concern, and healthcare directives are designed to accommodate changes in your wishes. While a living will outlines your preferences, it’s not set in stone. You retain the right to make your own medical decisions as long as you are competent. However, communicating those changes to your healthcare agent and ensuring they are documented is crucial. In a situation where you are unable to communicate, your healthcare agent is legally obligated to act in accordance with your previously expressed wishes, as outlined in the directive. But if you have clearly communicated a change of heart, they should prioritize your current wishes over the written directive.
What happened when my aunt finally took the time to prepare these documents?
My aunt, Clara, was a vibrant and independent woman who always put everyone else’s needs before her own. She resisted preparing a healthcare directive for years, believing it was a morbid topic and she didn’t want to dwell on what might happen if she became ill. Then, she learned her friend had suffered a sudden aneurysm and was left in a vegetative state without any advanced directives. Seeing her friend’s family struggle with the agonizing decision of whether to continue life support was a wake-up call. Clara immediately contacted Steve Bliss’s firm and worked with them to create a comprehensive healthcare directive and durable power of attorney. A year later, she was diagnosed with a serious illness, and unfortunately, her condition quickly deteriorated. Because she had these documents in place, her wishes were clearly known, and her family was able to honor them without any conflict. It brought them immense comfort knowing they were fulfilling her desires, even during a difficult time.
Where can I learn more about Steve Bliss’s services and how to get started?
Steve Bliss and his team offer complimentary initial consultations to discuss your estate planning needs, including healthcare directives and living wills. These consultations provide an opportunity to ask questions, learn about the process, and determine if their services are a good fit for you. The firm takes a holistic approach to estate planning, recognizing that these documents are an integral part of a comprehensive plan. They are committed to providing personalized guidance and support to ensure your wishes are protected and your loved ones are well-cared for. They strive to make the process as smooth and stress-free as possible, empowering you to make informed decisions about your future and find peace of mind.
About Steven F. Bliss Esq. at San Diego Probate Law:
Secure Your Family’s Future with San Diego’s Trusted Trust Attorney. Minimize estate taxes with stress-free Probate. We craft wills, trusts, & customized plans to ensure your wishes are met and loved ones protected.
My skills are as follows:
● Probate Law: Efficiently navigate the court process.
● Probate Law: Minimize taxes & distribute assets smoothly.
● Trust Law: Protect your legacy & loved ones with wills & trusts.
● Bankruptcy Law: Knowledgeable guidance helping clients regain financial stability.
● Compassionate & client-focused. We explain things clearly.
● Free consultation.
Map To Steve Bliss at San Diego Probate Law: https://maps.app.goo.gl/xim6nBgvmzAjhbEj6
Address:
San Diego Probate Law3914 Murphy Canyon Rd, San Diego, CA 92123
(858) 278-2800
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| San Diego estate planning lawyer | San Diego probate lawyer | Sunset Cliffs estate planning lawyer |
Feel free to ask Attorney Steve Bliss about: “What’s the difference between revocable and irrevocable trusts?” or “How do I transfer a car title during probate?” and even “Who should I appoint as my healthcare agent?” Or any other related questions that you may have about Trusts or my trust law practice.