What is an Advance Directive?
An Advance Directive also known as an Advanced Health Care Directive provides your wishes regarding health care should you become unable to provide them yourself. An Advance Directive also sets out your preferences regarding treatment if you are faced with a serious accident or illness. The Advanced Directive is a document that can speak for you when you are not able to speak for yourself, for instance, if you are in a coma.
Why is it a good idea to consider having an Advance Directive?
At some point in your life, you may end up in an emergency health situation, in which urgent medical care and/or surgery is needed. There is a chance that you may be unable to communicate (i.e. you are in a coma or unconscious). However, you can let your family and doctors know what your wishes are for medical intervention, in the form of an Advance Directive. This document can “talk” to them when you are not able to, and can communicate what your wishes are for certain medical treatments.
Many advance directives will address end-of-life decisions, but the document may also be used to address specific types of treatments. For example, if you do not wish to have a particular form of treatment or medication regardless of the consequences, you can set out those details in an Advance Directive.
Who should have an Advance Directive?
Unexpected, serious end-of-life situations can happen at any age, so it is important for all adults with capacity to have an Advance Directive.
Injury, illness and death are not easy subjects to talk about, but by planning ahead you can ensure that you receive the type of medical care you want. You also relieve your family of the burden of trying to guess what you would want done. Be sure to discuss your wishes with your loved ones. Let them know you are creating an Advance Directive and explain your feelings about medical care and what you want done in specific emergency situations.
What if no one knows I am in an emergency situation?
If for some reason you, as an adult, were incapable of giving or refusing consent for medical treatment, and a family member or representative for you does not exist or is unavailable, a health care provider must comply with an adult’s expressed instruction regarding health care.
You may wish to keep on your person an expression of wishes that would be binding even in an urgent or emergency situation. These wishes should be by way of an Advance Directive.
However, there are certain types of health care that are excluded and cannot be legally binding, even on an Advance Directive. M.J. O’Nions Lawyers & Mediators have the expertise to help and advise you on your Advance Directive, and the types of requested care that would be considered valid.
What are the costs of drafting an Advance Directive?
The cost of drafting just an Advance Directive is $195, however, as part of a Will & Estate package which includes a Will, Advance Health Care Directive, Representation Agreement and Enduring Power of Attorney, the fee is $895 for all documents plus applicable taxes. For couples with similar documentation, the fee for two Wills, two Advanced Health Care Directives, two Representation Agreements and two Enduring Powers of Attorney is $1,095 plus applicable taxes. These prices are contingent on you filling out the appropriate intake form for the type of document required such as a Will, Power of Attorney, Representation Agreement, Advance Directive or Trust, which will save us time and translates into substantial savings for you. Our hourly rate is normally $295 per hour plus applicable taxes. We do not charge for such things as photocopying, faxing, secretarial services, and long distance telephone calls, which can save you hundreds of dollars more.
Why use M.J. O’Nions Lawyer & Mediator for drafting my Advance Directive?
We have the knowledge, expertise and experience to draft an Advance Directive that meets your goals and objectives. We will do this in a cost-effective manner while providing high quality professional service. We understand your needs and we are here to help. Just give us a call at 604-449-7779 so we can be of assistance.