If you are a parent or caregiver of someone with special needs, it’s common to have concerns about their care and quality of life in the future, especially when you’re not around. What if they needed urgent medical care and could not express their needs?
Advance directives can be your voice when you are not there, clearly outlining your loved one’s medical needs and decisions and ensuring that medical staff understand and respect them in any situation.
Understanding advance directives
Advance directives are legal documents that express a person’s preferences for medical care when they cannot speak for themselves. In Maryland, parents or legal guardians can create advance directives for their loved ones with special needs who lack decision-making capacity.
However, people with special needs may be able to create their own directives, provided they are at least 18 years old and have decision-making capacity. Maryland also recognizes supported decision-making as an alternative to full guardianship. This means that people with special needs can choose trusted people to help them understand, make and communicate decisions while keeping their legal right to make their own choices.
What you need to consider
When creating advance directives for someone with special needs, make sure to consider the following:
- Their medical history and current conditions
- Their specific care preferences and any treatments to avoid
- Their communication methods and behavioral triggers
- Any sensory sensitivities or comfort measures
- Names and contact information of preferred health care providers
- Instructions for medication management
- Long-term care preferences
Creating an advance directive requires extensive knowledge and thoughtful preparation. Consulting with an attorney can ensure they are legally valid, comprehensive and tailored to your loved one’s specific circumstances.
Reviewing it regularly is a must
Needs, preferences and situations can change. Your loved one’s advance directives might need to change with it. Regularly reviewing and updating them is important, especially when certain events happen, such as:
- Changes in medical condition or diagnosis
- Advancements in medical treatments
- Changes in personal relationships
- Reaching the age of majority
- Changes in laws affecting healthcare decisions
This ensures that the advance directive accurately reflects their wishes and remains legally valid.
Be ready for all possibilities
Taking steps now can make a world of difference in your loved one’s future. Seek legal counsel when planning for your loved one’s long-term care.
