When crafting an estate plan in Pennsylvania, it often goes beyond a will and other commonly known aspects of the document. Many people want to have certainty with the medical care they receive if they are unable to make the decisions themselves.
This requires a full understanding of what it entails under the law. The person who creates the advance directive in the estate plan – known as the principal – needs to select someone they trust implicitly to be the health care agent. This is an enormous responsibility that should not be taken lightly. From the beginning, having guidance is imperative.
What does the health care agent do?
When there is a living will, the agent will make the medical decisions in the principal’s stead in the event they cannot do it on their own. With that in mind, the principal needs to be very specific about their desires. Any confusion or contradiction can cause problems when the time comes to act.
If, for example, the person has a stroke and is incapacitated with no way of communicating what type of treatment they want, the health care agent will be granted authority to make the medical decisions. That includes treatment that will keep the principal alive. If the principal did not want to be placed on a respirator, that will be enacted by the agent.
When the unexpected or unforeseen happens, then the agent needs to have a grasp on what the principal would have wanted. That should be in the principal’s best interest. It can be problematic if there is a gap between what the person would likely have wanted and the agent having a different interpretation. It is wise to be as specific as possible and to name a health care agent who knows the principal very well.
The principal can limit the amount of power the health care agent has. And it is limited only to their medical care and decisions related to it. It is not connected to any other aspect of their life.
A living will can be a fundamental part of an estate plan. However, it is not a straightforward document. There are complexities that must be accounted for. Mistakes can be devastating for the principal, the agent, and the family. When writing a living will or anything else related to an estate plan, it is useful to have professional assistance to make sure it stands up to scrutiny and works out as planned.
