Honolulu Advance Directive Attorney
Comprehensive Incapacity Planning in Hawaii
No one wants to think about becoming seriously ill or injured, but planning for incapacity is an important piece of estate planning. Advance directives allow you to have an enforceable say in the types of care you wish to receive (or not receive) should you become hospitalized and unable to communicate.
At Abrell Law, we offer sophisticated estate planning services designed to help our clients protect their legacies and prepare for their futures. Our Honolulu advance directive lawyer has over a decade of legal experience and will work directly with you to create a robust incapacity plan.
What Is an Advance Directive?
An advance directive is a written document that contains instructions for the types of care of medical care you wish to receive, or not receive, in situations where you become incapacitated. It can be as brief or as thorough as you please, but it generally pays to be detailed and unambiguous.
An Advance Directive Allows You to Provide Preferences For:
- Artificial Feeding
- Risky but Potentially Lifesaving Surgery
- Other Treatments You Wish to Avoid
- Organ Donations
- End-of-Life Care
When you are unable to serve as your own advocate, your Hawaii medical team will consult your advance directive before deciding how to proceed with your treatment. If your document was appropriately finalized, it is considered enforceable, meaning your care providers must follow its instructions.
Is Advance Directive the Same as Power of Attorney?
No, but it is also important that you appoint a medical power of attorney. When you authorize a Honolulu power of attorney, you give a trusted individual permission to act on your behalf in capacities you define. It is in most circumstances wise to authorize someone to serve as your advocate when you become hospitalized and incapacitated.
Establishing a springing or durable medical power of attorney can accomplish this goal. Your chosen agent will work to ensure your wishes – as established in your advance directive – are known and followed by medical providers.
Call us today at (808) 215-4223 to appoint a Hawaii health care power of attorney.
What Is Considered an Advance Directive?
To get a full understanding of how an advance directive can protect your wishes, it may be helpful to consider an example scenario. Say you suffer a serious, debilitating stroke.
Example of an Advance Directive:
- You are rushed to the nearest emergency room, and the medical staff determines the incident is likely to result in permanent mental impairments. Suddenly, your heart stops beating – and the attending team needs to act quickly.
- Do they resuscitate you when they know you are unlikely to ever regain full medical capacity? By glancing at your advance directive, they see that you clearly wish to not be resuscitated in these types of situations.
- They follow these instructions and honor your wishes. You avoid being resuscitated without your consent.
Is a Living Will Considered an Advance Directive?
A living will is actually considered a type of advance directive. Advance directives are the legal guidelines related to an individuals wishes concerning their health care and medical treatment in the event that they are incapacitated. Whereas a living will is specific to what the individual wants regarding end-of-life care.
If you are a young and healthy adult, you might think you have no need for an advance directive. After all, you are generally less likely to end up in the hospital than someone older or someone with a known health condition. The reality is that tragedy can strike anyone at any time. An undiagnosed ailment or devastating accident could suddenly render you unable to communicate and force your immediate hospitalization. Should this type of scenario occur, it will be too late to establish an advance directive. You will have no enforceable input into decisions about your care.
Benefits of Estate Planning
Effective estate planning requires you to think and act proactively. You never know when you might become incapacitated, so it is generally in your best interest to finalize an advance directive regardless of your current age or health status. Our Honolulu advance directive attorney recognizes that it can be unpleasant to think about resuscitative orders or palliative care, but we encourage you to take this important step sooner rather than later.
How to Make an Advance Directive
Your advance directive should clearly spell out your preferences for what should happen in a wide variety of “what if” scenarios. Once you believe you have addressed everything you need to cover to feel safe and secure, you will need to finalize the document.
How to Finalize an Advance Directive in Hawaii:
- In Hawaii, you do not necessarily have to get your advance directive notarized, though doing so can be simpler.
- Alternatively, two people will need to witness your signing the document before signing it themselves. Neither of these witnesses can be employed by a health care provider, and your medical power of attorney cannot serve as a witness. At least one of the witnesses cannot be related to you or qualify as an heir to your estate.
Be sure to inform your immediate loved ones that you have written an advance directive once you have finalized your document. In addition to discussing your preferences with your medical power of attorney, you should make sure your primary care provider has a copy of your advance directive and is aware of its contents.
Turn To Abrell Law for All Your Advance Directive Legal Needs
If you know you need to plan for incapacity but do not know where to start, our Honolulu advance directive lawyer can help.
We Can Assist With the Drafting & Preparation of Your Document to Ensure Its Language Is:
- And addresses all of your concerns
Our Honolulu living will team at Abrell Law can also assist you with appointing a medical power of attorney and incorporating these important components into your broader estate plan. We know how to effectively prepare for many types of scenarios and can tailor our approach to suit your unique needs and concerns.
Other Estate Planning We Can Help With
Extensive Experience in LawPrior to opening up his own firm, Justin had years of legal experience working in the Prosecutor's office in Honolulu and as corporate counsel for a private business. This wide variety of settings help provide perspective on creative solutions to legal obstacles.
Culture of Compassion & TransparencyWe take your legal matter seriously. Until we resolve your case, you can expect us to listen to your needs and honestly provide solutions that are always in your best interests.
Direct Access to Your AttorneyYou won't be passed off to legal staff at any point when you work with Abrell Law. From the very beginning, you will speak with Justin so he can have a good understanding of your unique case.
Over Two Decades in HawaiiWith over 20 years living in Hawaii, serving the local community and fostering meaningful relationships is one of Justin's top priorities.
Contact us online or call us to discuss your situation, evaluate your case, and discuss your options.