Advance Directives Attorney in Charleston, South Carolina

No matter what stage of life you’re at, it’s never too late or too early to plan for your future. Of course, this process will look different for a 35-year-old than it will for a 65-year-old, but coming up with a comprehensive estate plan is one of the most important steps you can take to ensure your loved ones are taken care of and that you don’t leave them with an undue burden when you become ill or pass away. One component not to overlook during this process is your advance healthcare directive which can provide critical information for your family and healthcare providers.  

To speak with an estate planning attorney in the Charleston, South Carolina area or anywhere throughout Charleston, Berkeley, and Dorchester counties, contact me at Mangus Law Firm to learn more about your options. I have the knowledge, resources, and experience to walk you through the process while keeping your best interests in mind. 

What Is an Advance Directive (Living Will)?  

An advance healthcare directive (also referred to as a living will) is a legally binding document that many people choose to include as a part of their estate plan. Essentially, it lays out your wishes and directives for your health care should you become incapacitated or unable to communicate effectively. Preparing and drafting a living will is a very personal decision, and one that should be done in close consultation with your attorney and your primary care provider since each one will vary depending on the needs of the individual.   

Some of the most common decisions that can be covered by an advance directive are:  

  • whether to use life-saving techniques should you lose consciousness

  • what kinds of treatments or medications you do/do not want  

  • whether you want to be intubated

  • whether you want to be placed on a mechanical ventilator 

  • what kind of end-of-life or palliative care you’d prefer 

  • what kind of healthcare facility you’d like to be at

  • whether you’d want to donate your organs to other patients

  • whether you’d want to donate your body for scientific research 

  • whether you’d like to be put on dialysis (and for how long)

  • who to authorize to make medical decisions on your behalf

Health Care Representative  

As part of your advance directive, you’ll be required to name someone to serve as your healthcare representative (alternatively called a healthcare proxy, healthcare agent, or healthcare attorney-in-fact). This is a very big choice to make since this person will be given legal control over your health care decisions if you’re unable to make them for yourself. Even the most detailed living will document won't be able to account for every eventuality, and it’s likely there will be unforeseen choices that need to be made.  

This should not only be someone who is level-headed and responsible but also someone you trust to make decisions based on your values, not anyone else’s. This is usually a close friend or family member, but cannot be your doctor or a member of your medical team. 

Do Not Resuscitate (DNR) Directive  

A Do Not Resuscitate (DNR) order is commonly added to an advance order and can stand on its own as a legally binding health care order. A DNR indicates that you do not wish to be resuscitated if your heart stops or you stop breathing which is most frequently done using cardiopulmonary resuscitation (CPR). You can even issue a DNR while you are in the hospital, and the document will follow you should you be transferred to another facility. 

POLST (Physician Orders for Life-Sustaining Treatment)   

A Physician Order for Life-Sustaining Treatment (POLST) is a document similar to a DNR but allows for more detailed information to be included. This is often a good choice for individuals who have already been diagnosed with a life-threatening illness since it allows them to address the potential complications of their specific condition and what treatments they would or would not like at the end of their life. 

Making Modifications to Your Advance Directive  

Modifying an advance directive regularly is almost as important as writing one in the first place. It’s essential that your living will accurately represent your values and wishes, as these can and will change over time. Most estate planning attorneys recommend revising your advance directive under the following conditions:  

  • You marry or remarry.  

  • You have children.  

  • You receive a new medical diagnosis.  

  • You need to reassign your healthcare representative.  

  • Ten years have passed since your last modification or update.

When you make changes to your advance directive, you must destroy all previous copies and redistribute the updated document to your loved ones, representative, and medical team. 

Advance Directives Attorney Serving Charleston, South Carolina  

If you’d like help with drafting or revising your advance directive and are in the Charleston, South Carolina area, reach out to me at Mangus Law Firm to schedule a consultation. I will point you in the right direction for you and your family.