Ensuring the Honoring of Your Advance Directives: A Comprehensive Guide

Introduction

While there is no 100% guarantee that your advance directives will be followed, taking proactive steps and ensuring proper documentation can significantly enhance the likelihood of them being honored. This article aims to provide a comprehensive guide on how to ensure that your advance directives are followed, covering medical, funeral, pet, and asset-related directives.

Medical Directives

Living Will or Advanced Medical Directive

A Living Will or Advanced Medical Directive is legally binding and must be respected by medical professionals if you are hospitalized or admitted to a Skilled Nursing Facility. Your wishes regarding medical treatment options, such as DNR orders or continuation of treatment, are protected under law. However, for these directives to be effective:

Choose the Right Medical Advocate: Appoint a dedicated medical advocate such as a nonprofit senior support organization or a family member who can advocate for your medical decisions. Designate a Backup: Have a backup medical decision maker in case the primary advocate is unavailable. Certify Your Documents: Ensure your documents are properly certified and stored in a secure location. Communicate Clearly: Clearly communicate your wishes to your appointed advocate and ensure they understand your medical directives.

Funeral Directives

Arguments among family members regarding funeral arrangements are common. To avoid such disputes, consider signing a prepaid funeral contract with a Funeral Home. Include every detail of your preferences, from the type of service to final disposition, in the contract. These instructions become a binding legal agreement, and your family members cannot dispute them.

Pet Directives

Ensuring the care of your pets after your passing can be challenging. Establish a Trust for your pets and appoint a reputable Rescue Organization as the Trustee. Include a foster family with a backup as caretakers. Allocate the assets in the trust for the upkeep of your pets, their medical care, and the redistribution of the remaining funds to the rescue organization after the last pet dies.

Asset Directives - Wills and Trusts

Wills and Trusts

To convey your wishes for your assets and ensure specific details are attended to, consider having a will. However, wills are limited and do not provide absolute guarantees.

Create a Revocable Trust: For significant assets, a Revocable Trust is often more beneficial as it is not subject to probate and its contents remain private. Designate Trustees: Appoint responsible individuals or a bank to serve as trustees. Ensure they have the authority to manage the trust according to your instructions. Document Your Wishes: Clearly document your wishes in the trust, and ensure they are communicated to the trustees.

Final Considerations

The best course of action is to take control of your worldly possessions and affairs during your lifetime. This includes disposing of physical property, digital assets, and other personal effects, rather than relying on others to do it correctly.

By following these steps, you can ensure that your advance directives are clear and can be honored, providing peace of mind and protecting your final wishes.