Healthcare Directives

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Lear & Lear PLLC Law Offices

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Posted on

Dec 15, 2023

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Utah - Utah

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Healthcare Directives are valuable to people in all walks of life. As you read this article, consider obtaining one for yourself.

A Healthcare Directive is a tool to designate a health care agent, or someone to make health care decisions on your behalf. It goes into effect upon your inability to make or communicate health care decisions. If you fail to appoint someone to fill this role, the court will appoint a guardian, which may create a costly legal process.


If you have Healthcare Directive, you are able to choose the person who will determine what treatments and health care you will receive, including end-of-life or palliative care decisions. Your health care agent makes surrogate decisions, which means that they step in your shoes and make the decisions that you would make on your own if you were able to do so.


Ideally, surrogate decisions should be based on your input and the specific preferences you communicated before any loss of decision-making capacity. It should be based on a prior understanding your health care preferences and what you would want under the circumstances.


Healthcare Directives are intensely personal documents. When thinking about creating your own, consider:

  • Your values and how they may be reflected in your health care;

  • Your priorities;

  • What life means to you personally; and

  • How important quality of life is to you.

Are there certain conditions that are worse than death to you? Would you undergo a risky procedure if it had a low chance of survival? What if that same procedure had a high chance of survival but would permanently lower your quality of life? How long would you like to be on life support? It’s never fun to think about these things, but by selecting a health care agent and informing them of your preferences, you are preparing for the worst-case scenario and ensuring that your wishes will be followed.


Clearly, the consequences of having or not having a Healthcare Directive can be huge, which is why we so strongly advocate that everyone, regardless of age or health, have one in their estate plan. Please don’t leave your relatives to fumble in the dark if the unthinkable happens and you are unable to make your own health care decisions.


Again, while an Healthcare Directive will be helpful to you in the future, you might have an elderly relative who is in need of one right now. So, whether you need one for yourself or for a loved one, contact us today at (385)334-4030 or send an email to info@skvlegal.com to set up your free consultation to determine your specific needs.

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Lear & Lear PLLC Law Offices

Estate Planning 780 East South Temple Street, Salt Lake City, Utah, 84102

Welcome to Lear & Lear.Lear & Lear offers comprehensive estate planning services designed to cater to various needs and circumstances, ensuring that clients are well-prepared for their futures. Our services span from creating wills and trusts, updating existing estate plans, drafting powers of attorney and healthcare directives, creating guardianships and conservatorships, and to navigating the complexities of probate.Estate Planning Services:- Lear & Lear emphasizes the importance of creating a tailored estate plan that may include wills, trusts (living, testamentary, revocable, irrevocable, funded, or unfunded), and other estate planning tools. Our approach is to provide peace of mind by ensuring smooth transitions during times of bereavement and incapacity, as well as safeguarding your wishes and assets for the future.  Powers of Attorney and Healthcare Directives:- Recognizing the critical role of Powers of Attorney and Healthcare Directives, Lear & Lear assists clients in designating trusted individuals to manage financial and healthcare decisions. These documents are essential for ensuring that your preferences are honored in cases of incapacity, providing a layer of protection and avoiding unnecessary legal complications.Basic Estate Plan Components:- A typical estate plan outlined by Lear & Lear may include a Will, Trust, General Assignment of assets, Financial Power of Attorney, and an Advance Health Care Directive. Each component plays a crucial role in ensuring your assets are managed according to your wishes, providing comprehensive coverage from asset protection to healthcare decisions.Probate and Estate Planning Connection:- Our firm has a clear understanding of the complexities of probate, differentiating between formal and informal probate and the impact of having a will or trust on the probate process. Our expertise extends to facilitating a smoother process or avoiding probate altogether through strategic estate planning, thus saving time, reducing legal fees, and preventing disputes among beneficiaries.Real Estate and Probate Avoidance:- Our firm also addresses the intricacies of real estate within estate planning, offering guidance on ownership types like Joint Tenancy and Tenancy in Common, and strategies such as Life Estates and Transfer on Death Deeds to bypass probate and ensure direct transfer of property to beneficiaries. This service is particularly valuable for clients looking to streamline the transfer of valuable real estate assets.Role of Probate Attorneys:- For clients navigating the probate process, Lear & Lear outlines the importance of having a skilled probate attorney. We offer comprehensive support as probate attorneys, from valuing assets and filing court documents to managing estate taxes and settling disputes. Our emphasis on empathetic, expert guidance reflects our strong commitment to making the probate process as stress-free as possible for you.For individuals or families looking to secure their future and ensure their wishes are respected, Lear & Lear offers a robust and empathetic approach to estate planning and probate. Our services have been designed to address the legal, financial, and personal aspects of estate planning, ensuring that our clients receive personalized advice and support tailored to their unique circumstances. Our team of attorneys is here to help you make the best possible decisions for you and your loved ones. Reach out to us today by phone at (385) 334-4030, or by email at email@skvlegal.com.