Issue 29.10
You should have a Utah Advance Health Care Directive. That document states that if you cannot make decisions or speak for yourself,your agent can make any healthcare decision that you could have made for yourself if you were able to communicate. Your agent has the power to consent to or withdraw any healthcare. Your agent has the power to hire and fire health care providers. Your agent may also ask and questions and get answers from healthcare providers,and consent to you being admitted to a healthcare facility. Your agent also has the power to get copies of your medical records and ask for consultations or second opinions as needed.
Your Utah Advance Health Care Directive also gives you an opportunity to be very specific about other issues that might come up regarding your health care. For example,you may authorize your agent to consent in your participation in medical research or clinical trials,even if you may not benefit from the results. You may give your agent the authority to donate your organs,or prolong your life,even if you have given instructions that you don’t want your life to be prolonged.
Your Utah Advance Health Care Directive states that you want your health care providers to follow the instructions you give them so long as you can make health care decisions,even if those instructions might conflict with directions you previously gave them in a signed health care directive. It also provides that your health care provider should always provide comfort measures to keep you comfortable and as functional as possible.
When you are near death,your Utah Advance Health Care Directive allows you to give certain instructions about whether you want to prolong your life or to withhold life-saving procedures and let you pass away. These are commonly known as “living will” provisions. You can specify whether you want your agent to make the decision as to when care should be stopped that is meant to prolong your life,or you may make that decision now without involving your agent. You may also make the declaration that you want to prolong life as long as possible or you may choose not to provide any instructions about your end-of-life care.
A Utah Advance Health Care Directive is a crucial part of any complete estate plan.
Sean Sullivan is a shareholder in the firm Brindley Sullivan,PC,who will meet with you for your first consultation without charge. Call (435) 673-9220 to arrange a time to meet with him.
