Fairfax, VA Healthcare Directives Attorneys

Estate Planning Attorneys for Advance Directives in Fairfax, Virginia

A healthcare directive, also known as an advance directive, can detail a person's wishes regarding the medical care they should receive in the event that they cannot make their preferences known. When creating an advance directive, a person will designate a healthcare decision maker or agent who will be able to act on their behalf. Healthcare directives can provide clarity and peace of mind to a person and their loved ones.

At Fox & Moghul, our attorneys help families create comprehensive estate plans that include healthcare directives, powers of attorney, and other documents that will provide for a person's needs and make decisions about how various issues should be handled both during their life and after their death.

Key Components of a Healthcare Directive

Under the Virginia Healthcare Decisions Act, a person can create a healthcare directive that details their preferences regarding medical care and designates a trusted person, known as a healthcare agent, who can make decisions on their behalf.

Naming a Healthcare Agent

One of the most significant elements of a healthcare directive is appointing a healthcare decision maker. The agent will serve as a person's voice when making medical decisions in situations where they may be unable to express their preferences. Considerations when choosing an agent include:

• Trustworthiness: It is important to select a trusted agent who will respect the person's wishes and advocate for them when addressing issues related to medical care.
• Proximity and Availability: Ideally, an agent should be someone who will be readily available in emergencies or critical situations.
• Understanding of the Person's Values: The agent should understand the person's views on medical treatments, life-sustaining interventions, and end-of-life care.

Decisions an Agent May Make

A healthcare agent in Virginia may be authorized to make a wide range of decisions, including:

• Consenting to or refusing medical treatments.
• Deciding on the use of life-sustaining interventions such as ventilators or feeding tubes.
• Approving or declining surgical procedures.
• Choosing healthcare providers or facilities.
• Accessing medical records to make informed decisions.
• Consenting to the person's admission to a mental health care facility.

The scope of authority granted to the agent can be broad, or it may be limited to specific decisions or medical concerns. The person can also provide instructions for how specific situations should be addressed, the types of medications they want to receive, and other issues related to their medical treatment.

Instructions for Medical Care and End-of-Life Treatment

A healthcare directive can also include detailed instructions about preferences for medical care during the end of a person's life. These instructions can be especially important when a person is diagnosed with a terminal condition and is unable to communicate their wishes. An advance directive may address:

• Life-Sustaining Treatment: A person can specify whether they want to receive treatments like mechanical ventilation, a feeding tube, or dialysis if they are required to sustain life. They may ask to receive treatments that will prolong their life as long as possible, or they may choose to forego life-sustaining treatment so that they can pass peacefully.
• Pain Management and Comfort Care: A healthcare directive can provide guidance on how pain relief and palliative care should be handled.
• Do-Not-Resuscitate (DNR) Orders: A person can provide instructions about whether they want to avoid attempts at resuscitation if their heart stops or they stop breathing.
• Organ Donation: A person can provide instructions for the donation of their organs or tissues after their death.

The Importance of Healthcare Directives

Advance directives provide several critical benefits, including:

• Ensuring a Person's Wishes Are Respected: Documenting preferences for medical care ensures that medical professionals and family members will understand and honor their wishes.
• Easing the Burden on Loved Ones: By providing clear guidance, a healthcare directive can alleviate the stress and uncertainty family members may experience when making medical decisions on a person's behalf.
• Avoiding Conflicts: When preferences are clearly documented, disputes among family members about the care that should be provided will be less likely.

How Fox & Moghul Can Help With Healthcare Directives

There are a variety of legal and practical concerns that will need to be addressed when creating healthcare directives. The attorneys at Fox & Moghul can help clients:

• Understand the Available Options: We will explain the issues addressed in an advance directive and the decisions that can be included, ensuring that families can make informed choices.
• Draft Clear and Enforceable Documents: We will ensure that healthcare directives comply with Virginia law while including detailed instructions that can help avoid uncertainty about a person's wishes.
• Address Family Concerns: We guide families through sensitive discussions about medical care and end-of-life planning, making sure they understand the decisions being made and are prepared to handle difficult situations.
• Update Plans Over Time: As circumstances change, our lawyers can help update healthcare directives as needed.

Contact Our Fairfax Advance Directive Attorneys

Healthcare directives are essential tools to address the needs of a person and family and provide peace of mind during difficult times. The lawyers at Fox & Moghul can help families ensure that estate plans include the directives needed to address end-of-life care and other medical issues. Contact us at 703-652-5506 to arrange a consultation and make sure your family is fully prepared for whatever the future may bring.