Tag Archives: Living Will

Preventing Litigation Issues with Advance Directives

The content below is a transcript of the NBI webcast Elder Law: Start to Finish, held October 2016

Here are a few litigation issues that may arise with Advance Directives and why it is important to date your documents:

  • Multiple versions
  • Claims of undue influence, duress and fraud
  • Trust scams and schemes
  • Common liabilities and liable parties

Multiple versions of similar documents that say different things is a common litigation issue that arises with advance directives. While you may have had one gifting scheme in place, you may have changed your mind after awhile.

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Advance Directives (also known as Living Wills)

The content below is a transcript of the NBI webcast Elder Law: Start to Finish, held October 2016

Anybody who has had any interactions with estate planning attorneys knows that we like to come up with as many names as possible for the same exact thing. Advance Directives are also known as:

  • Living Wills
  • Health Care Power of Attorney
  • Health Care Proxy

All of these legal devices essentially do the same thing: Setting a set of directions, to an agent, that you as the principal set forth so that somebody knows what your choices are for your end of life and after life decisions.

There is federal law that governs Advance Directives known as the Patient Self Determination Act (1992). This Act requires that all providers of services give written information to each individual concerning:

  • Rights to make decisions under State Law
  • Right to accept or refuse medical treatment
  • Right to formulate an advance directive

Every institution must provide you with information about advance medical directives, including the right to make your own decision, under the applicable state law. Under federal law, if any institution (including hospitals and health care agencies) wants federal funding they need to abide by this.

If you have additional questions about Advance Directives (also known as Living Wills) contact our estate planning attorney in Woodland Hills today.

What is an Advance Health Care Directive?

Formerly called a “Living Will” or “Durable Power of Attorney for Health Care”, an Advance Health Care Directive allows us to deal with the situation where decisions regarding our healthcare need to be made and we are unable to communicate at that time.

The Advance Health Care Directive names an “Agent” (any person(s) of your choosing) to manage your medical and health care affairs in the event you are unable to express your preferences.  The medical professionals will make this determination.

This document, like the Durable Power of Attorney is fully revocable and amendable.

For additional advice and information about an Advance Health Care Directive, please contact our estate panning attorney in Los Angeles today.

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