How Can Advance Directives Protect Your Healthcare Decisions?

By Law Office of Justin S. Eppler, LLC
Couple signing Advance Directives

When it comes to healthcare, everyone has unique preferences regarding the type of treatment they wish to receive, especially in situations where they might be unable to communicate these preferences themselves.

At our firm, the Law Office of Justin S. Eppler, LLC, Attorney Eppler can help those in Anchorage, Alaska, understand how to make this situation easier.

Advance directives serve as a tool to express those wishes and protect individuals’ rights in situations where they can no longer speak for themselves. They play a key role in seeing that a person’s healthcare decisions are respected and followed, even when they’re unable to voice them directly.

What Are Advance Directives?

Advance directives are legal documents that allow people to communicate their healthcare preferences in advance. These documents are typically used to guide medical providers and loved ones when someone becomes incapacitated or unable to make decisions for themselves due to illness or injury. 

In Alaska, advance directives take several forms, each with distinct functions. The most common types include the living will and durable power of attorney for healthcare.

  • Living will: This document allows individuals to specify their wishes regarding medical treatments, especially life-sustaining treatments, in situations where they’re terminally ill or in a persistent vegetative state.

  • Durable power of attorney for healthcare: In this directive, a person appoints someone they trust to make medical decisions on their behalf if they become unable to do so themselves. This person is often referred to as the healthcare proxy or agent.

  • Do Not Resuscitate (DNR) orders: This document indicates that a person doesn’t want to receive CPR if their heart stops beating or if they stop breathing.

These tools provide a clear structure for individuals to maintain control over their healthcare, even if they can no longer actively participate in decisions.

Why Are Advance Directives Important?

Advance directives are essential for several reasons. They provide clarity so that healthcare providers and loved ones understand a person's wishes when they’re unable to communicate. Without them, healthcare professionals may have to make decisions based on assumptions or, in some cases, may be forced to act without clear guidance. 

In Alaska, this can be especially significant, as the state's healthcare system can be spread out across vast and sometimes remote areas, leading to challenges in communication and decision-making.

Moreover, advance directives also protect families from the emotional burden of making difficult decisions about life-sustaining treatments. Having a document that clearly outlines someone’s wishes can provide comfort to loved ones who might otherwise struggle with the responsibility of making these choices without guidance.

How Advance Directives Can Protect Your Healthcare Decisions in Alaska

In Alaska, where healthcare facilities may be located far apart, advance directives are even more crucial for individuals who want to maintain autonomy over their healthcare. These directives allow people to make their preferences known before an emergency or serious illness occurs, which is especially helpful when the situation demands quick action. 

Here’s how advance directives can protect healthcare decisions:

  • Clarity during crisis situations: In an emergency, medical providers must act quickly. Advance directives help avoid confusion about what treatments should or shouldn’t be administered by providing clear, pre-determined instructions about an individual’s preferences.

  • Autonomy over healthcare choices: Advance directives allow people to take control of decisions before a situation arises where they may be incapacitated. This guarantees that their personal beliefs and values guide the choices about their healthcare, rather than the decisions being left to a medical professional or loved ones under pressure.

  • Minimizing family disagreements: Medical decisions can often create family conflicts, particularly when different family members have varying opinions about what should be done. Advance directives eliminate the need for these disagreements by clearly stating a person's preferences and designating a trusted agent to act on their behalf.

  • Legal protection of decisions: In Alaska, once an advance directive is signed and notarized (in some cases), it holds legal weight. This means that healthcare providers must adhere to these directives as long as they’re in line with state law. The legal standing of advance directives makes them an essential tool in making sure one’s healthcare decisions are respected.

By providing clear instructions and legal backing, these documents ensure that personal preferences are honored and respected.

The Benefits of Having an Advance Directive in Alaska

Having an advance directive in place isn’t just a legal safeguard—it also offers emotional and psychological benefits. For residents in Alaska, the decision to establish advance directives can provide peace of mind for both the person creating the directive and their loved ones.

  • Peace of mind: Knowing that one’s preferences are documented and can be followed offers comfort, reducing the anxiety surrounding potential medical crises. Alaskans, in particular, who might face unique healthcare challenges due to the state’s geography, can rest assured that their wishes will be understood, even in an emergency.

  • Reducing the burden on loved ones: End-of-life decisions can be emotionally taxing for families. Having a legally binding advance directive makes it clear who’s in charge of making decisions and what those decisions should be. This clarity prevents loved ones from feeling guilty or unsure about making tough choices during stressful times.

  • Personalizing care: One of the most important functions of advance directives is to allow individuals to personalize their care. Whether it’s opting for comfort care over life-saving measures or refusing certain treatments, these documents can make sure that someone’s healthcare is tailored to their values and desires.

By planning ahead, you can relieve loved ones of uncertainty.

Key Considerations When Creating an Advance Directive

Creating an advance directive requires thoughtful consideration. For individuals in Alaska, certain factors should be taken into account to make sure that the document reflects personal wishes and is legally binding. Here’s a list of things to keep in mind:

  • Consulting a trusted individual: It’s crucial to talk with a trusted family member or friend before appointing them as your healthcare proxy. This person should understand your values and beliefs, and be willing to make decisions on your behalf if necessary.

  • Reviewing state-specific laws: Alaska has specific requirements for advance directives, such as witnessing and notarizing certain documents. It’s important to familiarize oneself with these laws to avoid creating a document that may not be legally enforceable.

  • Regularly updating the document: As life circumstances change, so can one’s preferences. It’s important to revisit advance directives periodically to make sure they continue to reflect current wishes.

  • Providing copies to key individuals: Once the advance directive is created, it’s essential to provide copies to the designated healthcare proxy, family members, and healthcare providers. This sees that everyone involved is on the same page regarding your wishes.

By carefully creating, updating, and sharing these documents, you can create clarity and peace of mind.

Advance Directives and Alaskan Healthcare Challenges

Alaska’s healthcare system is unique in many ways. The state’s expansive terrain, remote communities, and limited access to healthcare facilities can make it more difficult for individuals to receive immediate medical attention or guidance. 

In these circumstances, advance directives offer a way to mitigate potential confusion or delay in critical situations. One important consideration in Alaska is the presence of many elderly and Indigenous populations in rural or isolated areas. 

In such communities, healthcare may involve extended travel, and emergency medical care might not always be immediately accessible. By having an advance directive, individuals can help medical providers understand their healthcare wishes even if they’re far from home or unable to communicate effectively. 

Moreover, advance directives can help avoid potential misunderstandings that could arise from cultural differences. By clearly articulating one’s healthcare preferences, individuals from diverse backgrounds can check that their medical care aligns with personal and cultural values.

Connect With Our Firm Today

Advance directives are invaluable tools in protecting one’s healthcare decisions. By taking the time to create and update an advance directive, people can rest assured that their healthcare decisions will be honored when it matters most.

Our firm can help clients in Anchorage, Alaska, as well as Fairbanks, Juneau, Wasilla, and Palmer with this task. Reach out to us at the Law Office of Justin S. Eppler, LLC today to schedule an appointment.