Will Writers can help clients by writing Advanced Directives. For a directive to be enforced, it is first necessary that the clinical team are aware that such a provision exists. A person close to the individual may hold the statement or it may be stored with the Will. It is useful if its presence is recorded in medical records, along with where it is lodged.
Just as a Will has an executor, so a directive may have a healthcare proxy. The role of the proxy is to see that the wishes of the individual are carried out. He does not have the power to make decisions. The wishes of the patient may not be over-ruled by relatives.
The involvement of a professional Will writer in drawing up an advance directive should substantially reduce the chance of an oversight that would result in failure of it being observed. A Will usually has to be signed by the author and co-signed by two independent witnesses. It is sometimes said that only one witness is required for an advance directive but to replicate a Will, two may be safer and they should be people who do not stand to benefit from the estate.
An advance directive can be rescinded or updated at any time, but at the time that it is implemented, the individual is in no position to offer an opinion. If the contents are changed, all old documents should be destroyed. An advance directive can be made by anyone who is over 18 years old, is of sound mind and cares about the issues involved. Some people may be especially likely to choose the option including those with incurable cancer, those with a progressive neurological disease and those with mild memory loss as they are still of reasonably sound mind but at risk of progressing to dementia. However, anyone may suffer a serious injury or have a sudden stroke and so it is impossible to predict who might need it. Anyone who cares greatly about the issues involved should make such a will.
