Decisions about your health care are deeply personal – and they are some of the most important decisions you will ever make. Yet many people delay planning until a crisis forces their loved ones to make choices without guidance. As an estate planning attorney, I see this happen far too often.
Including the right health care documents in your estate plan ensures that your wishes are known, respected, and followed – even if you are unable to speak for yourself. These documents give your loved ones clarity during stressful moments and prevent unnecessary conflict or court involvement.
Below are three essential health care documents every comprehensive estate plan should include in 2026.
1. Health Care Directive
A health care directive allows you to appoint a trusted person to make medical decisions on your behalf if you cannot do so yourself. This person is often called a health care agent or health care proxy.
Your agent has the authority to speak with doctors, consent to treatment, and make medical decisions consistent with your wishes. Because these decisions can involve life-sustaining care, it is critical that you choose someone you trust completely and who understands your values.
A well-drafted directive also includes clear guidance for your agent, so they are not left guessing during an already emotional time. Working with an estate planning attorney helps ensure your instructions are legally valid and clearly expressed.
2. HIPAA Authorization
Medical providers cannot share your health information without proper legal authorization – even with close family members. A HIPAA authorization allows the people you name to access your medical records and communicate with your healthcare providers.
This document works hand-in-hand with your health care directive. Without it, your agent may struggle to get the information they need to make informed decisions, causing delays and frustration during critical moments.
Including a HIPAA authorization ensures your loved ones can step in quickly and confidently when you need them most.
3. Living Will
A living will outlines your wishes for end-of-life care if you are unable to communicate. It provides specific instructions about treatments such as life support, artificial nutrition and hydration, and comfort care.
While your health care agent has decision-making authority, a living will gives them clear direction about how you want those decisions made. This extra layer of guidance helps reduce uncertainty, emotional burden, and disagreement among family members.
Your living will ensures that deeply personal choices about your care are honored exactly as you intend.
Why These Documents Matter
When carefully prepared, these three documents work together to protect your autonomy and provide peace of mind for both you and your loved ones. They allow you to remain in control of your health care decisions, even during times when you cannot advocate for yourself.
If you want to ensure your ongoing and end-of-life care preferences are respected in 2026 and beyond, I encourage you to put these documents in place as part of a comprehensive estate plan. Planning ahead is one of the most meaningful gifts you can give to the people who care about you most.
If you’re ready to get started or update your existing plan, we’re here to help.
At Cheever Law, APC, 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. The Life & Legacy Planning Session 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 15-minute introductory call today.