Will - Updating Will - Invalid or No Will - Power of Attorney - Personal Directive
DANGERS without a PERSONAL DIRECTIVE
Legally protect your health and medical interests while still alive, yet incapable of acting for yourself due to personal incapacity.
To schedule an appointment, contact our law firm at 403-400-4092 or Chris@NeufeldLegal.com
Not having a legally valid personal directive, for medical and health-related matters, should you become incapacitated, or otherwise be unable to make decisions for yourself, can prove exceedingly problematic and costly. Among the potential dangers that could arise should you not have a legally valid personal directive:
A. Medical Decisions May Not Reflect Your Wishes
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Without clear written instructions, medical professionals and family members will be left to guess your preferences regarding life-sustaining treatments (like mechanical ventilation, tube feeding, or CPR), which may result in receiving care you would have refused, or having desired care withheld. This loss of autonomy means your personal, ethical, or religious beliefs about medical treatment might be ignored.
B. Family Conflict
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In the absence of a designated agent or clear directive, family members may disagree intensely about the best course of treatment, adding immense emotional stress to an already difficult time. This disagreement can cause long-lasting damage to family relationships.
C. Delays in Treatment
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Disputes among family members or confusion over who has the legal authority to decide can cause critical delays in administering necessary medical care.
D. Decisions Made by an Unwanted Person
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If you haven't named a healthcare agent, state law will determine a default decision-maker (usually a specific hierarchy of next-of-kin like spouse, adult children, parents, etc.). This person may not be the one you trust most or who best understands your values. A trusted partner, close friend, or other significant person who is not legally recognized as kin might be entirely sidelined from the decision-making process.
E. Court Involvement (Guardianship/Conservatorship)
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If family members cannot agree, or if there is no readily identifiable or capable statutory surrogate, the health care provider or a family member may petition the court to appoint a legal guardian to make your medical decisions. This process is often expensive, time-consuming, and public, and the court-appointed guardian may be a professional stranger, resulting in a loss of control over your own care.
Whether you are looking to have a personal directive created or require legal representation in the implementation of an incapacitated person’s personal directive, contact our law firm today at 403-400-4092 or via email at Chris@NeufeldLegal.com to schedule a confidential initial consultation.
IMPORTANT NOTE: This website is designed for general informational purposes. The site is not designed to answer specific questions about your individual situation or entitlement. Do not rely upon the information provided on this website as legal advice in respect of your individual situation nor use it as substitute for individual legal advice. If you want specific legal advice, you need to engage a lawyer under established legal engagement procedures that have been specifically agreed to by that lawyer.
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