It’s easy to be overwhelmed by the numerous acronyms in estate planning. However, it’s essential to understand which documents you need and which ones you may not yet require. The POLST is a prime example. According to a recent article from MSN, “Liza Horvath, Senior Advocate: Do I need a POLST?” everyone should have a will, a power of attorney for finances and an advance healthcare directive (AHCD).
A will is used to distribute assets after death, while the power of attorney is used to name a representative to act on your behalf for financial matters. In contrast, the AHCD and POLST are used to express your wishes regarding medical care. The AHCD and the POLST are also slightly different from the Healthcare Proxy or Power of Attorney for Healthcare.
Many estate planning documents have different names in various states. Therefore, it’s essential to consult with an estate planning attorney in your area to determine which documents are required. A document created and executed in one state may not be valid in another state. Therefore, if you spend time in more than one jurisdiction, you’ll need to ensure that your estate planning documents are aligned with the laws of all applicable states.
If you are seriously ill and don’t want to be resuscitated in a medical emergency, you should have both the AHCD and the POLST. The POLST is an acronym for Physician Orders for Life-Sustaining Treatment. The Advance Health Care Directive appoints a person to express your wishes regarding healthcare as outlined in the document.
The POLST, which is completed with your physician, is used to tell emergency responders and other healthcare providers not to resuscitate you in case of cardiac arrest. The AHCD is not a “don’t resuscitate” order.
If you have a POLST, it should be kept in your home, possibly posted on the refrigerator, where anyone entering the house for an emergency is likely to see it. You may want to provide copies to your physician and local hospital and keep a copy in your car. The POLST is usually printed on bright paper for higher visibility.
If emergency responders come to your home and they don’t see the POLST, they are required by law to keep you alive. If your adult child has the POLST, but it’s not in your home, again, they will take measures to keep you alive.
POLST, like other estate planning documents, should be prepared with thoughtfulness. While both the AHCD and POLST can be emotionally challenging to consider, having them in place as part of your overall estate plan will alleviate the guesswork your family will face if they are unsure of your wishes. You don’t want this to happen during a health emergency when emotions are running high.
Discuss with the person you are naming as your healthcare agent to ensure that they understand your wishes. If your sibling is too emotional to follow your wishes and tells you she won’t be able to instruct the doctors to take you off life support, then she may not be the right person to act as your healthcare proxy. Name a person who will follow your wishes, even if they differ from their own.
Having a comprehensive estate plan means having the right documents in place for your healthcare, in sickness and in health. Your estate planning attorney will help create the documents to express your wishes, whatever they may be.
Reference: MSN (March 17, 2025) “Liza Horvath, Senior Advocate: Do I need a POLST?”