Planning for the future is one of the best gifts you can give yourself and your loved ones. One way to make sure your medical care wishes are honored is by setting up an advance directive. These legal documents allow you to say what type of medical treatment you want—or do not want—if you ever become too sick or hurt to speak for yourself.
Advance directives are important for people of all ages. They remove the burden from families who may struggle to make hard decisions during emotional times. They also make sure that doctors and hospitals respect your personal choices.
This guide will walk you through what advance directives are, the three main types you should know about, and how you can put your healthcare wishes in writing.
What Are Advance Directives?
An advance directive is a written document that tells doctors and loved ones your healthcare preferences if you cannot make decisions for yourself. This can happen because of a serious injury, illness, or unconsciousness.
Advance directives speak for you when you cannot speak. They make it clear what kind of care you want, what treatments you wish to avoid, and who you trust to make choices for you if needed.
Each state has different rules about advance directives, but most include the same types of documents: a living will, a healthcare power of attorney, and a Medical Orders for Scope of Treatment (MOST) form.
Living Wills Help You Share Your Wishes
A living will is one of the most common types of advance directives. It lets you write down your choices for the kind of medical care you want at the end of your life or in other serious situations.
For example, your living will can explain if you want:
- To be placed on a ventilator to help you breathe
- Tube feeding if you cannot eat
- CPR if your heart stops
- Pain relief medicine even if it could shorten your life
- Organ and tissue donation
Having these wishes in writing helps doctors and family members honor your beliefs and preferences.
In North Carolina, a living will becomes active when two doctors decide that you are unable to make your own healthcare decisions. It’s smart to talk with your doctor while making your living will, so you understand all your options.
Healthcare Power of Attorney Lets You Choose a Decision-Maker
Another important type of advance directive is a healthcare power of attorney (also called a healthcare proxy). This document allows you to pick someone you trust to make medical decisions for you if you can’t do it yourself.
The person you choose is called your healthcare agent. They can speak with your doctors, review your medical records, and agree to or refuse treatments on your behalf. Their job is to follow the instructions you leave or, if you did not leave instructions, to make decisions based on what they believe you would want.
Choosing the right agent is a big decision. Many people pick a spouse, adult child, close friend, or relative who knows them well and can stay calm in stressful situations.
In North Carolina, you can also name backup agents in case your first choice is unavailable.
MOST Forms Communicate Your Treatment Wishes with Doctors
The third type of advance directive you should know about is the Medical Orders for Scope of Treatment, or MOST form. This form turns your healthcare wishes into a doctor’s order.
Unlike a living will or healthcare power of attorney, the MOST form is filled out with your doctor. It is mostly used by people who are seriously ill or very elderly. The form covers specific choices about emergency treatments, like:
- Do Not Resuscitate (DNR) orders
- Whether you want to be admitted to the hospital
- Choices about feeding tubes and breathing machines
- Preferences about using antibiotics for infections
The MOST form stays with you. You keep a copy at home, take it to the hospital, and make sure your caregivers have it.
In emergencies, paramedics and doctors follow the orders written on your MOST form without having to call family members or go through a court.
What Happens If You Don’t Have an Advance Directive?
Without an advance directive, doctors must look to your family or the courts for help making medical decisions. In North Carolina, your spouse usually gets first say, followed by your adult children, parents, and siblings. If you do not have family available, a court-appointed guardian might end up making choices for you.
This can lead to confusion, family disagreements, and even court fights. Your loved ones could also struggle with guilt or second-guessing if they don’t know what you would have wanted.
Making an advance directive removes these problems. It keeps your voice front and center even when you cannot speak for yourself.
How to Create an Advance Directive in North Carolina
Getting started with advance directives may sound complicated, but it can be a smooth process. Here’s how you can make sure your wishes are known and respected:
- Think About Your Choices: Take time to think about what types of treatment you would or would not want. Imagine different scenarios, like being in a coma or having a serious illness.
- Pick a Healthcare Agent: Choose someone you trust to honor your wishes and act in your best interests.
- Write It Down: You can create a living will and a healthcare power of attorney. North Carolina has specific forms you can use. A MOST form must be filled out with a healthcare provider.
- Sign and Witness Your Documents: North Carolina requires that you sign advance directives in front of two witnesses and have them notarized.
- Share Your Documents: Give copies to your doctor, healthcare agent, and close family members. Keep a copy at home where it’s easy to find.
- Review and Update: Life changes like marriage, divorce, or a new diagnosis are good times to review your advance directives.
- Talk About Your Plans: Having open conversations with your family and doctors makes sure everyone knows and respects your wishes.
Advance Directives Give You Control and Peace of Mind
Setting up advance directives is not just for the elderly or sick. Anyone over the age of 18 should think about putting their wishes into writing. Life can change quickly, and having a plan in place helps you and your family feel more prepared.
When you have a living will, a healthcare power of attorney, and a MOST form, you are giving your loved ones a clear guide to follow. They won’t have to guess what you would want or worry about making the wrong decision during a stressful time.
Advance directives also help medical teams give you care that matches your values and beliefs. You stay in charge of your body and your future.
Start Your Advance Directive Plan Today
If you are ready to create your advance directive or have questions about your options, the attorneys at Salines-Mondello Law Firm are here to help. Our team can guide you through writing a living will, picking a healthcare agent, and making sure your MOST form reflects your wishes.
We understand that these conversations can feel overwhelming, but you do not have to go through the process alone. We will make sure your documents meet North Carolina’s legal requirements and give you the peace of mind you deserve.
Call us today at (910) 777-5734 to schedule your consultation. Protect your wishes and make life easier for the people you love.