What is important to you?
Maybe you completed the forms for your advance directives a while back and filed them safely away with the rest of your estate planning documents. You know they are there if you need them but haven’t reviewed them recently. How long ago was that? Five years? Ten? Time always seems to go faster than we realize and life has a way of changing. Our health, our relationships, even the laws that guide medical decisions can all shift over time. That is why it is important to review and update advance directives to ensure that your wishes are clear, your loved ones are not left guessing, and the person you have chosen to speak for you is still the right fit.
What are advance directives?
An advance directive is a legal document that outlines your preferences for medical care if you become unable to communicate your wishes. Anyone age 18 or older should create these important documents since medical emergencies can happen at any time. Each state has its own specific forms and terms to describe them may vary. In New York State, advance directives are a living will, a health care proxy, and a do-not-resuscitate order (DNR).
A living will spells out medical treatments you would or would not want to be used to keep you alive. It includes your preferences for medical decisions such as pain management and organ donation. A health care proxy allows you to appoint someone you trust to be your health care agent. If you lose the ability to make medical decisions for yourself, as determined by your doctor, your agent can make sure that your wishes are followed by medical staff.
When should you update your advance directives?
It’s a good idea to review your advance directives, along with your other estate planning documents, every three to five years. However, there are other specific times that you should check if updates might be necessary.
- Major life events – Marriage, divorce, or death of a loved one may require changes to your documents.
- Moving to a new state – Update your documents to make sure that they comply with your new state’s laws.
- Health changes – Have you received a new medical diagnosis or experienced a change in your condition?
- Changing relationships – Your chosen health care proxy may no longer be available, willing, or the best fit for you.
- Legal updates – Laws governing medical decision-making can change, so make sure your documents still protect you.
- Age and stage of life – Preferences may shift over time. Directives created in your twenties may not reflect your wishes in your fifties or beyond.
If any of these life events or changes apply and you determine that you should make updates, there are some questions you can ask yourself to help with the process.
- Who would be the best person to speak up for me if I was unable to communicate for myself? Is it my spouse? My parent? My adult child?
- Have I clearly stated my preferences for life-sustaining treatments? Have I addressed my wishes regarding resuscitation and organ donation?
- Have my feelings about medical care changed since I first created my advance directives? How so?
- Would my health care agent understand what I want based on my written wishes? Have I given clear and specific instructions?
Making Updates
You can work with your estate attorney to execute documents. Each state has their own official forms. New York’s forms can be found here. After updates have been made, you will need to revoke your previous advance directives. You can destroy old copies and notify anyone who had them. Share copies of the new forms with your health care proxy, family, and your doctors, and file your originals with your other estate plan documents.
Advance directives are just one part of a comprehensive estate plan. As you think about reviewing and updating your documents, you should also consider speaking with your financial advisor and estate attorney. They can offer you a caring and objective perspective to help guide your decisions while ensuring that all of your estate planning documents truly reflect your wishes and family circumstances. If you would like to learn more about how we can help you, please contact us.
