Why Does Estate Plan Have to Include End-Of Life Planning?

Why Does Estate Plan Have to Include End-Of Life Planning?- People will do almost anything to avoid thinking about end-of-life care planning or completing advance directives. There’s always a closet to clean out or a phone call to make. However, failing to consider these difficult decisions and to document them in an estate plan can put loved ones in a difficult position. Making critical decisions during an emergency can be made easier when advance directives are included in the estate plan, says a recent AMA article, “What doctors wish patients knew about care planning.”

Advance care planning allows people to outline what matters most to them if they are unable to communicate their choices. Research sadly shows that only about a third of all adults have completed advance directives. These legal documents, including living wills or durable powers of attorney for health care, let people designate someone to make decisions on their behalf. They also specify the treatments they do or do not want.

Without these conversations and documents, there’s no way for family members to know what their loved one wants.

There are two main documents for advance directives: the healthcare power of attorney and a living will. The healthcare POA gives a person you name the ability to make decisions for you if you can’t make them for yourself.

The Living Will outlines a general plan of care and defines the care you want if you have a life-limiting condition. You may also want to have a Do Not Resuscitate (DNR) order.

Why Does Estate Plan Have to Include End-Of Life Planning?

You’ll also want to have estate planning documents that reflect your asset distribution wishes. This includes a will, which determines who inherits your assets, and a financial power of attorney to give a person of your choosing the legal authority to manage financial accounts.

Each state has different laws and requirements for these documents, so it’s important to work with an estate planning attorney in your community. In some states, these documents only need to be notarized, while in others they need to be witnessed by two people who aren’t related to you or who won’t benefit from your death.

Depending upon where you live, there are also POST, MOLST, MOST, or POLST documents, which are portable medical orders for patients facing life-limiting illnesses or frailty. They have different names but share a common purpose of ensuring that medical orders align with your preferences.

People often worry about naming one child over another in naming agents to act for them. However, the responsibility should be given to the person who is best suited for the job: one who is calm in emergency situations, who respects your wishes even if they don’t agree and can make a decision during a moment of crisis.

There’s no reason to delay creating advance directives. Even younger people need to plan for unexpected events.

Without these directives, your care will be governed by state law. Each state has an order of decision makers. If the person doesn’t want the responsibility, another person will need to be found. It’s best to have these conversations, document wishes with an estate planning attorney, tell your loved ones where the documents can be found and store them in a safe place.

Schedule your phone consultation: THE LAW OFFICES OF CLAUDE S. SMITH, III

Why Does Estate Plan Have to Include End-Of Life Planning?

Reference: AMA Association (Nov. 26, 2025) “What doctors wish patients knew about care planning”