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Do You Really Need an Estate Lawyer for Advanced Directives?
Estate planning is a critical aspect of caring for ourselves and our family. However, far too many people overlook the importance of an advanced directive. That’s because these estate documents do not dictate what happens when we die. Instead, they lay out important medical decisions while we’re still very much alive. So, what’s the role of an attorney in advanced directives? As it turns out, they play an important role.
Similar to making plans for your estate under probate law, an advanced directive lets you make decisions that you may be unable to make later. This legal document allows a person to specify their healthcare preferences along with choosing an agent or healthcare proxy to make decisions on their behalf if they’re ever incapacitated. Unfortunately, simple mistakes can render these documents invalid. This means it’s always ideal to work with an attorney.
Advanced Directives: The Role of an Attorney
Legal professionals who work in estate planning are experienced with advanced medical directives. They know the laws specific to your location, and they can explain important issues to you while ensuring your legal document complies with relevant laws. However, offering expertise is only a small portion of the role lawyers play in advanced directives.
Other roles include:
Drafting Documents
Creating an advanced medical directive involves more than just a simple contract. The process can include a living will, do-not-resuscitate (DNR) orders, durable powers of attorney for healthcare, and other important documents.
Explaining Your Options
It’s important to recognize that there are nuances to estate law. A lawyer can help explain your options so you understand what types of decisions can be addressed and how to include specific medical instructions.
Addressing Legal Formalities
Advanced care directives have to meet specific legal requirements, and these can vary significantly by state. An advanced directive attorney can ensure all your documents are properly executed and meet statutory requirements.
Providing Witness Services
In some situations, your attorney may be able to sign as a witness to your advanced directive. If state law prevents this, most law firms can help find witnesses to sign.
Secure Document Storage
The worst thing that can happen in estate planning is the loss of legal documents. Fortunately, one of the most vital roles of a lawyer in advanced directives is protecting essential documents. If you’re worried about keeping your advanced directive safe, your attorney can assist.
Resolving Legal Issues
It’s possible that legal challenges or disputes could arise involving an advanced medical directive. If this occurs, an estate planning professional can provide legal services and offer guidance on the best path forward.
Changing an Advanced Directive
Many people think they can write up estate planning documents and simply move on. In fact, being able to not constantly focus on what could happen is one of the major benefits of creating an advanced directive. However, it’s important to understand that things change. Relationships, preferences, laws, and many other matters are often impermanent.
Fortunately, updating and reviewing documents is one of the most important roles of an attorney in advanced medical directives. In most cases, document updates are necessary due to evolving healthcare preferences. What you want now may not be what you want in three years. Such changes are fine, and your lawyer can help ensure you have the final say.
Choosing an Attorney for Advanced Directives
If you search for estate planning lawyers online, you’ll see there’s no shortage of law firms to choose from. So, how can you pick between all these legal professionals? Does your choice really make a difference with something as standard as advanced directives? The answer to this question is “absolutely.”
The simple fact is that not all law firms are created equally. That’s why you should seek out an attorney that offers the following:
- Flat-fee services
- Periodic check-ins at no extra charge
- Years of experience
- Additional services (e.g., time capsule videos, etc.)
- Free consultations
There’s a chance that you’ll encounter various law firms that all offer these. If this is the case, take the time to check out their online reviews. However, free consultations are what will filter out many practices that are only concerned with profit. Complimentary case reviews are rare in the estate planning world, but it’s worth the effort to seek them out.
At Peak Legal Group, we understand the role of a lawyer in advanced directives and take our role seriously. Contact us today at (610) 989-7064 to schedule your free consultation.
