How to Ensure Your Family Can Make Medical Decisions If You Can’t

estate planning Jul 16, 2025

Life is unpredictable, and while no one likes to imagine being incapacitated, planning for that possibility is one of the most responsible things you can do for yourself and your loved ones. If you become unable to communicate due to an accident, illness, or cognitive decline, who will make medical decisions on your behalf? Without legal preparation, your family might face delays, confusion, or even court battles during already stressful moments. Here’s how to ensure your family can act quickly and confidently if you can’t speak for yourself.

1. Create a Medical Power of Attorney (Health Care Proxy)

The most important step is designating someone you trust to make healthcare decisions for you through a legal document called a Medical Power of Attorney, or sometimes a Health Care Proxy. This person, called your “agent” or “proxy,” will be able to communicate with doctors, approve or refuse treatments, and advocate for your preferences.

Make sure the person you choose understands your values, is willing to take on the responsibility, and can remain calm under pressure. You should also name a backup in case your first choice is unavailable.

2. Prepare an Advance Health Care Directive (Living Will)

A Living Will allows you to outline what kinds of medical treatments you would or would not want if you're seriously ill or injured. For example, would you want to be kept alive on a ventilator indefinitely? Would you want CPR in the event of cardiac arrest? These decisions can spare your family from guessing your wishes.

When paired with a Medical Power of Attorney, this directive gives your family both the authority and the clarity to act in line with your values.

Read more: What Are Advance Directives And Why Are They Important?

3. Discuss Your Wishes Early and Often

Legal forms are vital, but conversations are just as important. Talk to your loved ones about your preferences for life support, resuscitation, long-term care, and pain management. Make sure they understand not just what choices you might make, but why.

Open dialogue reduces the emotional burden on your decision-makers and helps avoid family disagreements later.

4. Keep Documents Accessible and Updated

Once you've signed your healthcare documents, keep copies in a safe but accessible location. Give your appointed decision-maker and your primary care physician copies as well. Some people carry a card in their wallet indicating who to call in a medical emergency.

Revisit these documents every few years—or anytime you experience major life changes like marriage, divorce, or diagnosis of a chronic illness—to ensure everything still reflects your current wishes.

Discover: Things to Consider When Updating Your Estate Plan

5. Understand State Laws and Requirements

Each state has its own rules regarding healthcare directives. Make sure your documents comply with your state’s laws, especially if you move or spend time in more than one state. Some states require witnesses, notarization, or specific language.

Final Thoughts

Planning for the possibility that you might not be able to speak for yourself isn't pessimistic—it's empowering. By taking a few proactive steps today, you give your loved ones peace of mind and the ability to act swiftly and respectfully on your behalf in times of crisis.

For legal help in California and your other needs, contact BERYS LAW on this page. We also offer courses on real estate investing, landlording, and templates right here!

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