Why Medical Planning Is Just As Critical As Financial Planning
When most people think of estate planning, they focus on the financial side – who gets what, how assets are divided, and who will handle the money. But one of the most important parts of your plan has nothing to do with your bank accounts and everything to do with your body.
What happens if you’re in a medical crisis, unable to speak for yourself, and critical decisions need to be made about your care – or even whether your organs should be donated? Without a clear plan, the people who love you most could be forced to make life-or-death decisions under pressure, in the dark, and without knowing what you truly wanted.
A recent investigation shows just how tragic this can be.
A Chilling Wake-Up Call About Organ Donation
In June 2025, The New York Times published a disturbing report about patients who were nearly declared dead for the purpose of organ donation – only to show signs of life. One such case involved Anthony Thomas Hoover II, who had overdosed and was thought to be near death. His family made the agonizing decision to remove him from life support and donate his organs.
But just before doctors began the organ removal process, Hoover regained consciousness. He cried, curled into a fetal position, and shook his head no. A hospital physician had to intervene to stop the procedure. Hoover survived – but not without lasting neurological damage.
His story isn’t an isolated one. Federal investigators reviewed 350 organ donation cases and flagged 73 where patients exhibited signs of life. Some recovered. Others died days later, never having communicated their wishes.
The common thread? A lack of planning. In the absence of clear direction, families and hospital staff are left to make irreversible decisions based on assumptions, guesswork, and gut-wrenching emotion.
When You Don’t Plan, Others Decide for You
If you become incapacitated and haven’t legally named a healthcare agent or outlined your preferences, hospitals follow state laws to determine who gets to decide what happens next. This can create chaos in an already high-stress moment.
By default, doctors might look to your spouse, then adult children, then your parents or siblings. But what if you’re estranged? What if your children disagree about what you would want? What if the person the hospital turns to doesn’t even know your values?
In an emergency, split-second decisions must be made – about life support, medical treatments, and yes, even organ donation. And without your voice, your family may be forced to carry a burden they’re not equipped to handle.
The good news is: there’s a way to prevent this.
The Legal Tools That Protect You and Your Family
When we create your Life & Legacy Plan, we go far beyond basic legal documents. We build a comprehensive system to ensure your medical wishes are clear, accessible, and legally binding – so your loved ones aren’t left guessing.
Here are the essential documents that form the foundation of your plan:
- Living Will: This document tells doctors exactly what kinds of life-sustaining measures you do – or don’t – want, such as ventilation, resuscitation, and artificial nutrition. It ensures your care aligns with your personal values.
- Durable Power of Attorney for Healthcare: This names the person you trust to make medical decisions on your behalf if you can’t speak for yourself. Without this, state law decides – and the wrong person could end up in charge.
- HIPAA Authorization: Even close family members can be denied access to your medical records without written permission. This form ensures the people you’ve chosen can get the information they need to advocate for you.
- Organ Donation Instructions: We go beyond the checkbox on your driver’s license. Your plan will include clear, thoughtful language about your donation preferences, giving your family guidance and peace of mind in the most critical moments.
When you work with us, we don’t just hand you documents. We create a fully integrated plan that your loved ones will actually be able to find and use in a crisis.
Documents Alone Aren’t Enough
Even the best legal documents can fail if they’re outdated, inaccessible, or misunderstood. Your healthcare proxy could move away or become ill. Your living will might no longer reflect your current views. And in the chaos of an emergency, your family might not even know these documents exist – or where to find them.
That’s why we don’t stop at paperwork.
We guide you through meaningful conversations with the people you’ve chosen to make decisions for you. We help you explain not just what you want, but why. This gives your loved ones clarity and confidence – so they don’t have to wonder whether they made the right call.
Just as important, we’re there for your family when you can’t be. As your attorney, I’ll be available to support your loved ones during those first difficult hours and days, offering not just legal guidance, but compassionate counsel and a calm, knowledgeable presence when it’s needed most.
Don’t Leave It to Chance. Start Your Plan Today.
If the thought of being treated like an organ donor before you’re actually gone makes your heart race, you’re not alone. What happened to Anthony Hoover was horrifying – but it was also preventable.
With the right plan in place, you can protect your voice, your values, and your loved ones. And I can help.
At Cheever Law, we don’t just draft documents; we ensure you make informed and empowered decisions about life and death for yourself and the people you love, starting with a valuable and educational Life & Legacy Planning Session. This will allow you to get more financially organized and make the best choices for the people you love. If you have already completed your estate plan, we will review that plan at your Life & Legacy Planning Session to ensure that it will work the way you intend and address any holes or gaps that may be present if circumstances have changed since you executed your plan.
To learn more about our one-of-a-kind systems and services, contact us or schedule a no-obligation 15-minute introductory phone call today.