Many estate planning terms are confusing if you have never done any estate planning and sometimes even if you have.  Clients often confuse Living Wills with Wills and Health Care Powers of Attorney with General Powers of Attorney.  The Georgia Legislature addressed this issue a couple of years ago by constructing the Georgia Advance Directive for Health Care form.  This Advance Directive combines the Living Will and Health Care Power of Attorney.  That has made the terminology, at least, less confusing.  However, many people are still unclear on what the Advance Directive does.  I will give a brief overview of what the document does. 

The purpose of the Advance Directive is to cover health care decisions in the event you are no longer able to communicate them to your health care provider.  Part one of the document communicates to the world who you would want to speak for you if you could not speak for yourself.  This person becomes your health care agent.  It should be someone you really trust and someone that understands your wishes and values.  In part two the advance directive communicates what kind of treatment you would prefer in certain circumstances.  The treatment preferences can apply in two situations, first - if you are in an irrevesible coma, and second - if you are terminally ill, no longer able to communicate your wishes and likely to die very soon.  You can have your preferences apply in one or both of these situations.  The treatment preferences portion is where you express your wish to not have what people sometimes refer to as "life support" or "heroic measures." You can also choose the alternative, "save me at all costs."   Keep in mind that if you are in a car accident and expected to recover, your treatment preferences will not apply.   Two other important points to remember.  First, your treatment preferences are just preferences.  If you health care agent thinks a different approach is called for they can override your preferences.   Second, your health care agent can not override your wishes if you are conscious, competent and can communicate for yourself. 

An advance directive is an important document to have.  It can relieve your family of the burden of trying to figure out what you would have wanted.  Deciding to put you on life support and deciding not to put you on life support can both be guilt-laden choices.  An advance directive can relieve your family of the guilt associated with this choice.  An advance directive can also go a long way to prevent fighting among your loved ones by establishing a clear leader and clear wishes.