Can Anyone Create Advance Directives?
Advance directives, sometimes known simply as “life’s events documents,” are an essential part of estate planning for all adults, regardless of a person’s age or financial circumstances. As you may know, whether you are thinking about estate planning for yourself or for your elderly parents, you may be wondering if there are certain requirements a person needs to meet to be eligible to fill out these forms, or whether they are available to anyone who wants to clarify wishes concerning their future health care. Like wills, a person must meet specific yet limited requirements to create valid and enforceable advance directives. A Connecticut estate planning lawyer can explain, and we can help you or your elderly parents with advance directives today.
Understanding Advance Directives in Connecticut
States each have their own laws concerning advance directives, which are documents that allow a person to clarify their wishes for their own health care in the future if they cannot voice those wishes. In Connecticut, there are two different types of advance directives, along with other types of health care forms and documents that could be relevant to you or your elderly parents. The two general advance directives in Connecticut are:
- Appointment of a Healthcare Representative (where you appoint a person known as an “agent” to make healthcare decisions for you if you become mentally and/or physically incapacitated and cannot make decisions yourself); and
- Living Will (through which you specify your wishes about care, or wanting certain types of care withheld, in the event you have a terminal illness).
Additional and related documents include a Document of Anatomical Gift and a Designation of Conservator (for handling your affairs in the event of your incapacity).
Requirements for Advance Directives to Be Valid in Connecticut
Advance directives only “kick in” when a person becomes incapacitated. Yet in order to create a valid and enforceable advance directive (or advance directives), a person must have capacity to do so. In short, similar to the requirements for making a will, a person must be at least 18 years old and must be of sound mind to create an advance directive that will be honored in the event of future incapacity. An advance directive cannot be made by a person who lacks legal capacity (such as an older adult with an advanced form of dementia, or a person who has sustained a severe brain injury).
You should also know that advance directives will need to be signed by the person creating them, and they will need to have two witnesses. For the Appointment of a Healthcare Representative, neither of the two witnesses can be the agent appointed as the healthcare representative.
There are relatively few requirements, but they are essential to follow carefully. A lawyer can ensure that your advance directives are valid and enforceable so that you have peace of mind.
Contact a Connecticut Estate Planning Attorney
If you want to create advance directives, or want to help your elderly parents create these important documents, you should get in touch with an experienced Connecticut estate planning lawyer at the Law Office of Brian S. Karpe today. Contact us for more information about how we can assist you with advance directives, wills, trusts, and other tools of estate planning in Connecticut.
Sources:
portal.ct.gov/dmhas/programs-and-services/advocacy/advance-directives
ynhhs.org/patient-care/advance-directives-shared
