Understanding the Role of Health Care Directives and Living Wills

When planning for the future, most people think about how their assets will be managed after death. But an equally important part of any estate plan addresses what happens before that—specifically, if you become unable to make decisions for yourself due to illness or injury.

This is where health care directives and living wills play a vital role. These legal documents provide guidance to your loved ones and medical providers during times of crisis, ensuring that your personal values and preferences are honored.

In this post, we’ll explore what these documents are, how they differ, and why every adult—regardless of age or health status—should have them in place.

What Are Health Care Directives?

The term “health care directive” generally refers to a category of legal documents that outline your medical wishes and authorize someone to act on your behalf if you're unable to speak for yourself. In Kentucky, this typically includes:

• A Living Will Directive

• A Designation of Health Care Surrogate

These forms are authorized under Kentucky’s Living Will Directive Act (KRS Chapter 311.621–.643), and together they allow you to maintain control over your medical care—even when you can no longer communicate.

What Is a Living Will?

A Living Will is a written statement that outlines your wishes regarding life-sustaining medical treatment. It takes effect only when you are terminally ill, permanently unconscious, or otherwise incapable of making informed decisions.

Your Living Will can specify:

• Whether you want artificial nutrition or hydration

• Whether you want to receive CPR or be placed on a ventilator

• Whether you wish to donate organs

• Other preferences related to pain management and palliative care

It provides your family and doctors with clear guidance, helping to avoid confusion or disagreement during emotionally difficult times.

What Is a Health Care Surrogate Designation?

While a Living Will outlines what you want, the Health Care Surrogate Designation names the person (or persons) you trust to make medical decisions on your behalf if you are incapacitated.

This person becomes your advocate, speaking with your doctors, accessing medical records, and making decisions that reflect your values and previously stated wishes.

You may also name alternate surrogates in case your primary choice is unavailable.

Why Are These Documents So Important?

1. They Protect Your Autonomy

Without a living will or health care surrogate, your medical care may be determined by hospital policy or family consensus—which may not align with your personal beliefs.

2. They Reduce the Burden on Loved Ones

Making life-or-death decisions for a loved one is agonizing. Health care directives ease that burden by giving your family clear instructions about what you would want.

3. They Help Prevent Family Disputes

When no clear guidance exists, family members may disagree about what kind of care should be provided. A living will and surrogate designation help avoid conflict by making your intentions known in advance.

4. They Work Alongside Your Broader Estate Plan

Health care directives are a critical part of a complete estate plan. Alongside your will, power of attorney, and any trusts, they ensure your affairs—both financial and medical—are handled in accordance with your wishes.

When Should You Create One?

If you’re over 18 and capable of making your own decisions, the time to create your health care directives is now. Illness and accidents can happen unexpectedly. Having your documents in place ensures that you're prepared and protected, no matter what the future holds.

Conclusion

Health care directives and living wills give you a voice when you need it most. They allow you to direct your own care and provide comfort to your loved ones during difficult times.

If you haven’t yet created these essential documents—or if it’s been years since you last reviewed them—now is the time.

Contact our office today to learn more or to schedule a consultation. We’ll walk you through the process and ensure your health care wishes are clearly documented and legally sound.