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Canton Estate Planning & Probate Lawyer > Blog > Estate Planning > What Happens if You Are Incapacitated and You Do Not Have An Advanced Directive in Connecticut?

What Happens if You Are Incapacitated and You Do Not Have An Advanced Directive in Connecticut?


Determining what advanced care planning documents will benefit you the most as you put together your estate plan will come in handy if, in the future, you become incapacitated and are unable to communicate your healthcare decisions. There may be certain situations where you would want a particular medical treatment and others where you would not like specific medical interventions.

For example, perhaps you have suffered a cardiac arrest, a condition that a medical team may determine can benefit from intubation. But, under these conditions, you have already decided that you would not want this to happen. In this case, you can have a Do Not Intubate (DNI) order in your advanced care planning documents. This order would tell a medical professional that they should not put you on a ventilator. As such, your wishes would be respected.

Including advanced care planning while you are estate planning makes it easier for loved ones to support you in the future should you become incapacitated because they will know exactly how you want your medical care to look. Having clear instructions for what to do takes the burden of figuring out what you’d want, off of their shoulders. This is especially true during a time that could be emotionally draining for loved ones.

If you would like to start the estate planning process or if you have questions about what advanced care planning is and how it can be beneficial for your needs, you are welcome to call the Canton estate planning attorney at the Law Office of Brian S. Karpe.

Who Makes Your Healthcare Decisions in Connecticut without an Advanced Directive? 

Should some type of injury or illness cause you to be unable to communicate or make decisions for yourself, then your advanced directive will dictate how you want to be treated. Though, if you do not have an advanced directive in place, then the treatment you receive may not be what you would have wanted if you could speak for yourself.

Usually, in this situation, in the absence of an advanced directive, the laws that exist in the state you live in will determine how your medical care will be managed. Typically, an incapacitated person’s spouse or their parents will be given the right to make healthcare decisions. Grown children may also be given the responsibility to speak on your behalf.

The state laws in Connecticut indicate that physicians, advanced practice nurses (APRN), or medical facilities have the right to refuse to administer life-sustaining medical treatment when the following happens:

  • A medical provider uses their best medical judgment.
  • A medical provider’s opinion is that the patient is terminal or that they will never be able to regain consciousness.
  • A medical provider listens to the wishes outlined in an advanced directive or, when there is not one, considers the feedback of a next-of-kin or an individual who was informed of the patient’s wishes.

Speak to a Connecticut Advanced Directive Attorney Today 

For assistance with advanced directives and estate planning, please call the Connecticut advanced care planning attorney at the Law Office of Brian S. Karpe at 860-217-1458 to schedule a free consultation.



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