Empowering Clients Through Advanced Care Planning

Life is unpredictable. We plan for the milestones we can see coming, like buying a home, raising a family, building a career, and retiring comfortably. But as life expectancy rises and medical technology continues to advance, more people are realizing that estate planning is no longer just about what happens after death, but also about how we wish to live in the later stages of life. As attorneys, helping clients prepare for this stage isn’t just good practice; it’s part of protecting their dignity, giving them peace of mind, and supporting the people they love.

Moving From “What Happens After I’m Gone?” to “How Do I Want To Live?”

Traditional estate planning has focused on what happens after death, such as who inherits what and how assets are managed. But today’s clients are asking deeper questions, like “What kind of care do I want if I can’t make decisions for myself” or “Who do I trust to make those choices if I can’t?” Those conversations about quality of life, medical intervention, and personal dignity have become essential parts of a well-rounded estate plan.

The most effective legal documents are those supported by open, honest discussions among family members and appointed decision-makers about end-of-life values and pain management preferences. These conversations and approaches to advanced care planning empower clients to maintain control over their care and ensure that their personal wishes—not assumptions or guesswork—guide future medical decisions.

Helping Clients Move Past Discomfort

It’s natural for clients to feel uneasy about talking through end-of-life or advanced care, which can often feel heavy, even morbid or premature. That’s where lawyers play a crucial role in reframing the narrative, from one of fear to one of empowerment.

Here’s how legal counsel can make that shift:

• Ask thoughtful questions: Who is best suited to make healthcare and financial decisions in times of incapacity?
• Clarify common misconceptions: For instance, many clients confuse an Advance Healthcare Directive—which directs medical providers to cease life-prolonging efforts in a very limited set of circumstances—with a Do Not Resuscitate (DNR) order, which could inhibit medical professionals from providing healthcare.
• Lead with education and empathy: When clients understand that advanced care planning is a way to stay in charge of one’s care, they feel empowered rather than fearful.

The Legal Foundation of Advanced Care Planning

A comprehensive advanced care plan typically includes several foundational documents to ensure that both financial and medical decisions can be handled in accordance with the client’s values and intentions:

• Durable Power of Attorney for Finances: Authorizes a trusted individual to manage financial matters when the client is unable to do so.
• Healthcare Power of Attorney: Designates someone to make medical decisions when the client is incapacitated.
• HIPAA authorization: Allows designated persons access to medical records even after the individual has passed away.
• Advance Healthcare Directive (living will): Provides written instructions about medical treatment when an individual is in a permanent vegetative state or has a terminal illness or incurable condition and is therefore unable to have a meaningful life.

Ethical Duties: Balancing Clarity and Compassion

When guiding clients through these decisions, lawyers must balance compassion with clarity, helping clients navigate complex emotional terrain while protecting their autonomy and best interests. This includes confirming that the client has the full capacity to execute the documents, ensuring the decisions are made voluntarily without undue influence, explaining the scope and implications of each document, and how these choices may impact loved ones in the future.

Reducing Uncertainty and Conflict Through Proactive Planning

When incapacity strikes unexpectedly, families often face emotional turmoil and confusion about how to proceed. Without clear guidance, families may face confusion, disagreement, or even litigation. Proactive advanced care planning reduces family disputes by clarifying who has authority and what the client wants, prevents costly legal intervention (such as guardianship proceedings), and offers peace of mind to everyone involved. Ultimately, it transforms uncertainty into preparedness—allowing families to focus on care, comfort, and connection rather than crisis management.

In sum, advanced care planning isn’t just about preparing for the end, but preserving dignity, reducing pain, and giving families the gift of clarity. When lawyers help clients face these heavy questions with care, we help write the next chapter of their story with intention and grace.

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Alaina L. Sylvester is an Of Counsel attorney in Fennemore’s Trusts and Estates practice group, representing clients in probate matters, trust administration matters, and in the development of estate plans of varying complexity. She can be reached at asylvester@fennemorelaw.com.