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Common Mistakes

Common Mistake #14: Not Creating a Healthcare Directive

By
Alexander Harmsen
Alexander Harmsen is the Co-founder and CEO of PortfolioPilot. With a track record of building AI-driven products that have scaled globally, he brings deep expertise in finance, technology, and strategy to create content that is both data-driven and actionable.
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Financial planning often focuses on assets, beneficiaries, and legal documents tied to money. Medical decision-making, by contrast, is frequently left informal, assumed to be handled by family members if needed. A healthcare directive, sometimes called an advance directive, exists to bridge that gap by documenting medical preferences when a person cannot communicate them directly.

This article explains why neglecting to create a healthcare directive is a common but consequential oversight, how medical decisions are handled in its absence, and why clarity matters most during periods of uncertainty.

Key takeaways

  • Healthcare directives guide medical decisions when communication is not possible.
  • Without one, decisions may default to family members or courts.
  • Medical preferences are not always obvious or shared.
  • Uncertainty can create stress and conflict during critical moments.
  • Documented guidance preserves intent without limiting flexibility.

Why healthcare decisions are often left unwritten

Many people assume that serious medical decisions are unlikely or far in the future. Others trust that family members will "know what to do" if a situation arises. Because of this, documenting preferences can feel unnecessary or premature.

There is also emotional avoidance. Thinking through scenarios involving incapacity or end-of-life care is uncomfortable, and postponing the conversation can feel easier than formalizing decisions.

At this stage, inaction feels benign. Nothing appears broken.

Where the system steps in

When a person cannot communicate medical preferences and no healthcare directive exists, decision-making authority follows default legal pathways.

Typically, family members are asked to make choices on the individual’s behalf. If there is disagreement-or if no clear surrogate exists-medical providers may rely on court-appointed decision-makers or statutory hierarchies that vary by state.

This is where the logic breaks. Personal preferences do not automatically translate into legal authority unless they are documented.

Without written guidance, decisions are made based on interpretation rather than instruction.

How ambiguity creates difficult outcomes

Medical decisions often involve trade-offs: comfort versus intervention, longevity versus quality of life, or aggressive treatment versus conservative care. These choices can be deeply personal and not always intuitive to others.

In the absence of a healthcare directive, family members may disagree about what the individual would have wanted. Even when intentions are shared, the emotional burden of deciding can be significant.

Once decisions are made in real time, revisiting them is rarely possible. The outcome may be reasonable, but it may not align with the person’s preferences.

Why the risk is easy to overlook

A missing healthcare directive does not affect daily life. There are no statements to review, no reminders, and no immediate consequences. As long as a person remains healthy, the absence of documentation goes unnoticed.

Many people also assume that other estate documents cover medical decisions. In reality, wills and financial powers of attorney often address assets, not healthcare.

This separation allows the gap to persist quietly until a crisis brings it into focus. Another practical consideration is that healthcare directives are typically governed by state law. When people relocate, updating the directive to reflect the laws and medical practices of the new state can help reduce friction or uncertainty if it ever needs to be used.

A more durable way to think about healthcare directives

Individuals who address this issue tend to adopt a simple framing:

A healthcare directive is guidance, not a prediction.

It does not lock in outcomes or anticipate every scenario. It provides a framework for decision-making when communication is unavailable, helping others act with confidence rather than guesswork.

The objective is not control. It is clarity.

When informal decision-making may still occur

Some people prefer to rely on trusted family members rather than formal documentation, especially when preferences are straightforward or widely understood.

The distinction lies in risk tolerance.

Relying on an informal understanding can work when circumstances remain simple. It becomes problematic when situations are complex, emotions run high, or perspectives differ. A healthcare directive reduces ambiguity but does not eliminate discretion.

Healthcare Directives and Medical Decision-Making — FAQs

What is a healthcare directive?
A healthcare directive is a legal document that outlines medical preferences and may designate someone to make healthcare decisions if the individual cannot.
Is a healthcare directive the same as a living will?
Not exactly. A living will is often part of a broader healthcare directive, though terminology and structure vary by state.
Who makes decisions if no directive exists?
Typically, family members are consulted, but decision authority and order vary by jurisdiction and circumstances.
Can a healthcare directive be updated?
Yes. Many people revise healthcare directives as their health status, preferences, or personal circumstances change.
Does having a directive limit medical options?
Generally, no. Directives provide guidance rather than rigid instructions and often allow flexibility as situations evolve.
Why is the absence of a healthcare directive hard to detect?
It has no impact on daily life, finances, or statements, so the gap often remains unnoticed until a medical crisis occurs.
Is a healthcare directive legally binding?
It generally provides legally recognized guidance, though implementation depends on state law and medical circumstances.
How does a healthcare directive differ from a living will?
A living will often focuses on end-of-life preferences, while a healthcare directive is broader and can include a designated decision-maker.
Can healthcare directives be changed over time?
Yes. Many people update directives as health status, preferences, or personal circumstances evolve.
Why do people assume family will “know what to do”?
Many rely on shared values or past conversations, overlooking that legal authority requires documented instructions.

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1: As of November 14, 2025