Sherrills Ford Advance Directives Lawyer

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Advance Directives Attorney in Sherrills Ford, NC

As you age, there may come a time when you’re unable to make your own medical decisions. Luckily, there’s a way to establish these decisions through an advance directive before any health-related situations arise where you may not be able to express your medical wishes. Establishing an advance directive with a Sherrills Ford advance directives lawyer at Thomas & Webber can give you peace of mind knowing that your health care needs will be met.

Why Choose Thomas & Webber

At Thomas & Webber, our team of attorneys is prepared to offer knowledgeable and professional guidance to help you draft documents in your wills, trusts, and estate planning, like advance directives. Past clients have raved about our prompt and clear communication, and our thorough and client-centered service. We work closely with you to ensure your estate plan fully reflects your goals and complies with North Carolina law.

What Is an Advance Directive?

An advance directive, also known as a living will or health care power of attorney, is an important part of your estate plan.

When you hire an advance directives lawyer and establish an advance directive, you outline exactly what your health care wishes are in the event of a medical emergency where you’re not able to verbally state them.

For example, if you’re badly hurt in an auto accident and are unconscious or in a coma, your advance directive will let doctors know whether or not you want any heroic measures to prolong your life, such as being placed on a ventilator or administering cardiopulmonary resuscitation (CPR).

An advance directive normally includes four main elements:

  • Medical power of attorney granted to a family member or close friend to make them a health care proxy who can make medical decisions for you when you’re not able
  • A living will outlining what treatments you would or wouldn’t want if you have an incurable illness, like terminal cancer or Alzheimer’s disease, or are in a comatose or persistent vegetative state
  • A psychiatric advance directive for treating future mental health conditions, where you’re unable to express your treatment wishes
  • A do-not-resuscitate (DNR) order, if you don’t want emergency or medical personnel to perform CPR if your heart stops beating or you stop breathing

North Carolina General Statute § 90-320 provides the legal basis for medical advance directives, including DNRs, in the state.

When Should I Create an Advance Directive?

Any legal adult can create an advance directive. One of the biggest misconceptions about an advance directive is that you have to wait until you’re sick or old to set one up. It’s actually the opposite — you should set up your advance directive when you’re healthy and have a clear mind to discuss and decide what your medical wishes are in case of a terminal illness or accident.

Major medical events can happen at any time in your life. Establishing an advance directive with a Sherrills Ford advance directives attorney early in adulthood allows you to ensure that you receive the medical treatment you want.

The Benefits of an Advance Directive

There are a number of benefits of hiring a local lawyer to help you create an advance directive, including the following:

  • Allows you to maintain control over your health care, even when you’re unable to communicate
  • Helps reduce stress on family members by not having them make medical decisions for you
  • Provides clear medical directives in any trust cases at the Catawba County Courthouse, where your family may fight over what health care they believe would be in your interests
  • Provides clear instructions for emergency and health care professionals on how you want to be treated
  • Offers peace of mind knowing that your health care decisions will be known, no matter what may happen later in life.

FAQs

Does an Advance Directive Need to Be Notarized in Sherrills Ford, NC?

Yes, in Sherrills Ford, NC, your advance directive needs to be notarized to be legally operative. When your advance directive is ready to be signed, you will need two competent adult witnesses to be present when you are signing the document. A notary public in Sherrills Ford, NC, will then notarize the advance directive to make it official.

What Is the Difference Between an Advance Directive and Advance Care Planning?

Oftentimes, people think advance care planning and an advance directive are the same thing. However, there is an important difference. Advance care planning involves talking with your loved ones about your medical wishes if you’re ever in a position where you can’t communicate with them. An advance directive is a document in which your health care wishes are written and signed, making it legally binding.

Can I Modify My Advance Directive Later?

Yes, you can modify your advance directive whenever you’d like, as long as you are of sound mind. You should consider changing or updating your advance directive whenever you have a major life change, such as a marriage or divorce, or if you have received a diagnosis for a potentially terminal illness.

Can a Power of Attorney Override an Advance Directive in Sherrills Ford, NC?

In most cases, a medical power of attorney (POA) does not override an advance directive; it must follow the directions set in the advance directive. The only time that a POA may make medical decisions for you is if the living will, psychiatric advance directive, or DNR portions of the advance directive are unclear or not stated. In that case, your POA would make medical decisions on your behalf that they believe you would want or had discussed verbally.

Hire a Trusts Lawyer for Your Advance Directive in Sherrills Ford Today

Past studies show that only about one in three adults in the U.S. has an advance directive. While we understand no one likes to talk about end-of-life health care, it’s a very important part of your overall estate plan. Not only does an advance directive allow you to be untroubled that your health care desires are met, but it also provides your family with clear instructions on how you want your medical needs fulfilled.

The attorneys of Thomas & Webber are well-versed in estate planning laws in North Carolina, and we can walk you through the process of setting up an advance directive that meets your specific health care needs and wishes.

Give Thomas & Webber a call today to find out more about how our attorneys can help you set up an advance directive.

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