Hot Springs Healthcare Directive Lawyers Provide Valuable Guidance
Arkansas attorneys help families plan for medical decisions
Advance decision-making for healthcare matters can ease pressure on family members and help ensure your wishes are followed should you become incapacitated from illness, injury or age. The Hot Springs healthcare directive lawyers at Schnipper, Britton & Stobaugh draft valid documents that clearly state future medical wishes and are recognized under Arkansas law. You can rely on our respected estate planning firm for knowledgeable and responsible guidance.
Types of healthcare directives available in Arkansas
The primary types of healthcare directives recognized in Arkansas include:
- Living will – This legal document, also referred to as an advance healthcare directive, states what extraordinary measures, a person wants, or does not want, taken at the end of life when they cannot speak for themselves.
- Medical power of attorney – A durable power of attorney authorizes an agent, or healthcare proxy, to make medical decisions for an incapacitated person in accordance with their stated wishes.
Another medical directive is a Do Not Resuscitate Order (DNR) for individuals who do not wish to receive CPR or some other potentially lifesaving procedure should their breathing or heart stop.
Living wills and end-of-life treatment decisions
A living will can address in detail what types of life-sustaining medical care you wish to have or not have if you are unable to communicate. This document can state whether you wish to be given life-prolonging treatments such as artificial hydration, nutritional support through a feeding tube or mechanical ventilation for breathing difficulties. A living will is one of the essential estate plan documents necessary to protect your future and family. We can assist you in preparing a legal instrument that clearly outlines your preferences in a terminal situation.
Healthcare agents and medical decision makers
Your healthcare agent, or proxy, is the person you authorize to make medical decisions for you when you cannot make them yourself. Your healthcare proxy may face decisions regarding surgeries, medical procedures, medications, long-term care and end-of-life care, so it is crucial to select someone you trust to act in alignment with your wishes. Spouses, adult children and close relatives or friends are some of the common choices for this role. We can address your questions and concerns if you need help considering the right individual to select.
Legal requirements for valid healthcare directives in Arkansas
To prepare a valid advance healthcare directive, the principal, or person creating it, must be at least 18 years old or a married or emancipated minor. The principal must sign the document in front of two witnesses or a notary public. Witnesses must be competent adults and at least one should not be related to the principal or entitled to any part of the principal’s estate upon their death. Additionally, the healthcare agent with medical power of attorney cannot serve as a witness.
When healthcare directives become effective
Healthcare directives become effective only when the principal is determined to be incapacitated and incapable of decision-making. Should the person regain capacity, the directive is no longer effective. In some cases, a licensed physician may be required to make the determination about incapacity or recovering capacity.
Contact our Arkansas law firm to discuss a healthcare directive
The established law firm of Schnipper, Britton & Stobaugh in Hot Springs, helps individuals throughout Central Arkansas prepare legally valid healthcare directives and comprehensive estate plans. Call 501-762-0887 or contact us online to arrange a consultation regarding your specific needs.