Safeguard Your Healthcare Wishes With an Experienced Medical Directive Attorney in Albuquerque
New Mexico law firm creates enforceable documents addressing healthcare preferences
What would happen if you became incapacitated and could not communicate your choices regarding healthcare treatments? You might not get the type of medical care that you want. The New Mexico attorneys at Hurley, Toevs, Styles, Hamblin & Panter, P.A. in Albuquerque prepare medical directives tailored to our clients’ individual wishes and circumstances. We can help you create legal instruments expressing your wishes regarding medical treatment and end-of-life care and appointing someone to help carry them out.
What is a medical directive in New Mexico?
A medical directive, also called an advance directive, is a legal document that describes your treatment preferences. This instrument can be referred to if you are unable to communicate. You can also give someone the authority to make decisions on your behalf. Our estate planning lawyer can answer any questions you may have about medical directives and why you should consider having one.
Medical directive services we provide
Specific forms of medical directives include the following:
- Living wills – What many people refer to as a living will is a directive, or a portion of a directive, that discusses extraordinary medical measures that might be used in an end-of-life situation. By providing enforceable instructions, you can say what steps you want to be taken, and not taken, if your condition is terminal and you are unable to communicate. You must be at least 18 years old, of sound mind, and have two witnesses to legally establish a living will. Your living will can include a do-not-resuscitate order, which instructs healthcare workers not to revive you if your condition is terminal.
- Healthcare proxy designations – Your healthcare proxy designation is a document that names a trusted person to make medical treatment decisions for you if physical or mental incapacity prevents you from expressing your wishes. This document is also referred to as a healthcare power of attorney. The proxy goes into effect upon you being deemed incapacitated by a doctor or other conditions stated in the document. A person named as proxy or agent generally has the same rights to access medical records and make decisions as the incapacitated person would under federal HIPAA laws.
We can help you in establishing a comprehensive medical directive that clearly declares your wishes for treatment and the person whom you want to be your agent.
Is a medical directive right for me or a loved one?
An accident or severe illness can strike someone at any age, so every adult can potentially benefit from a medical directive. As someone gets older or suffers a health setback, the need for a contingency plan becomes greater. Once someone is incapacitated, they can no longer execute a legal document, so the time to act is now.
Is an attorney mandatory when setting up a medical directive?
While it is not mandatory under New Mexico law to have an attorney prepare your medical directive, failing to do so means that it might be invalid due to lack of compliance with state law. Even worse, you would not have a chance to correct it if the error is discovered when you are unable to communicate. Our attorneys will guide you through the creation of the document to ensure it is legally sound and that it accurately reflects your preferences.
Contact a knowledgeable attorney to learn about setting up a medical directive
Hurley, Toevs, Styles, Hamblin & Panter, P.A. in Albuquerque helps clients throughout New Mexico establish medical directives to safeguard their healthcare wishes in the event of incapacity. Call 505-888-1188 or contact us online to speak with an experienced lawyer about preparing your living will or healthcare proxy.
