What Are Advance Directives—and Do You Really Need One?
Understanding Advance Directives
Advance directives are legal documents that allow you to express your healthcare preferences before you become unable to speak or make decisions for yourself. They guide your family and medical providers if you're seriously ill, unconscious, or near the end of life.
At Lexcura Summit, we assist attorneys and healthcare teams in interpreting and reviewing advance directives—especially in litigation involving patient rights, consent, and surrogate decision-making.
The Two Main Types of Advance Directives
Living Will
A living will outlines your preferences regarding life-sustaining treatment, such as:
CPR (resuscitation)
Mechanical ventilation
Feeding tubes
Dialysis
Pain management at end-of-life
It answers: “What medical interventions do I want—or not want—if I’m terminally ill or permanently unconscious?”
2. Durable Power of Attorney for Healthcare (Healthcare Proxy or Surrogate)
This document appoints someone you trust to make medical decisions on your behalf if you're unable to. They can:
Speak with your care team
Approve or decline procedures
Access your records
Ensure your wishes are honored
Why Do You Need Advance Directives?
✅ Maintain Control Over Your Care
Without a directive, decisions may fall to hospital policies or default state laws. You might receive treatments you wouldn’t have wanted—or be denied care you hoped for.
✅ Reduce Family Conflict
In critical moments, families may disagree on what to do. Advance directives remove uncertainty by documenting your exact wishes.
✅ Support Ethical & Legal Clarity
Healthcare teams are legally obligated to follow your directives. When clear documentation is present, care is faster, more accurate, and legally protected.
✅ Improve End-of-Life Planning
Advance directives ensure you die with dignity on your own terms—avoiding unwanted suffering or prolonged interventions.
What Happens If You Don’t Have One?
If you're unable to speak and have no advance directive:
State laws determine who makes decisions (often next-of-kin, in a legally defined order)
If family members disagree, it can result in legal disputes or delays in care
You may receive aggressive treatment you wouldn’t have chosen
In the worst-case scenario, decisions may fall to strangers—like court-appointed guardians or hospital ethics committees
| Myth | Truth |
|---|---|
| “I’m healthy—I don’t need one yet.” | Emergencies happen. The best time to prepare is before a crisis. |
| “My family knows what I want.” | Unless it’s documented, medical teams must rely on legal protocols. |
| “It’s only for the elderly.” | Young, healthy individuals benefit too—especially after accidents or sudden illness. |
How Lexcura Summit Supports Advance Directive Cases
At Lexcura Summit, we support legal teams and healthcare providers by:
✅ Reviewing medical records to ensure directives were followed or violated
✅ Identifying gaps in capacity, consent, or surrogate decision-making
✅ Creating chronologies and expert reports for litigation or policy audits
✅ Supporting end-of-life disputes, wrongful treatment cases, and family disagreements
📞 Ready to Review a Consent or Directive Case?
Let Lexcura Summit provide fast and expert medical-legal insights.
📱 Call (352) 703‑0703
🌐 Visit www.lexcurasummit.com for a free 250-page case review
