Guide on Advance Directives: Legal Document Outlining Healthcare Preferences
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Writing an advance healthcare directive is an essential step in healthcare planning, ensuring that your wishes are respected in the event you can't communicate them. Here's a guide to help you navigate the process, including state-specific requirements.
The Basics
An advance healthcare directive typically consists of a living will and a durable power of attorney for healthcare. This legal document outlines your medical preferences and designates a decision-maker if you become incapacitated.
Most states require the document to be:
- Written by an adult (usually age 18 or older)
- Competently made voluntarily
- Signed and dated by the individual
- Witnessed by two qualified witnesses and/or notarized, depending on the state
State-Specific Requirements
Due to variations in terminology, witness/notarization requirements, and specific restrictions, it's essential to familiarize yourself with the laws in your state regarding advance directives. Here are some examples:
| State | Components | Witness & Notary Requirements | Special Notes | |-------------|------------------------------------|------------------------------------------------------|--------------------------------------------| | Virginia | Written or oral advance directive including living will and medical power of attorney | Two qualified witnesses required; option to file with state registry | Not valid for pregnant patients | | Washington | Advance directive includes durable power of attorney and living will | Two qualified witnesses or a notary public | Not valid for pregnant patients | | West Virginia| Living will with option to appoint medical power of attorney | Two witnesses and a notary public | Not valid for pregnant patients | | Wisconsin | Living will with option to appoint medical power of attorney | Two qualified witnesses | Not valid for pregnant patients | | Wyoming | Living will with option to appoint medical power of attorney | Two witnesses or a notary public | Not valid for pregnant patients | | Maryland | Written advance directive must be dated, signed by patient, and witnessed by two competent witnesses; health care agent cannot be a witness | Two witnesses required; certain restrictions apply for witnesses (e.g., no financial beneficiaries) | Also accepts oral directives witnessed and documented by physician and witness |
Preparing an Advance Directive
- Obtain the correct form for your state—these can often be downloaded from state health or legal aid websites.
- Fill out your preferences for medical treatments (living will) and/or designate a health care agent to make decisions for you (medical power of attorney).
- Sign and date the document in the presence of required witnesses or a notary. Witness qualifications vary by state.
- Distribute copies to your health care agent(s), family members, and your health care providers. Some states allow you to file it with an official registry.
Special Considerations
- Regularly review and update your advance directive to reflect your current wishes, especially after significant life events such as marriage, divorce, or a serious illness.
- If you have questions or concerns about the legal aspects of your advance directive, consider seeking legal assistance from an attorney who specializes in healthcare law.
- Remember, you have the right to revoke or change your advance directive at any time, as long as you are mentally competent.
Advance Directive Types
- A Living Will specifies the types of medical treatments and life-sustaining measures an individual would or would not want in specific situations.
- A Durable Power of Attorney for Health Care allows an individual to appoint someone they trust to make medical decisions on their behalf if they are unable to do so.
- The Physician Orders for Life-Sustaining Treatment (POLST) is a medical order that outlines one's preferences for treatment in emergency situations.
The Importance of Advance Directives
Advance directives play a vital role in healthcare planning, ensuring that one's wishes are honoured, reducing family conflict, facilitating communication with healthcare providers, promoting peace of mind, and providing legal protection. It's crucial to communicate any changes to your healthcare proxy and family members to avoid confusion in the future.
[1] Advance Care Planning: A Guide for Adults [2] Five Wishes [3] National Hospice and Palliative Care Organization [4] American Bar Association [5] AARP
