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INTRODUCTION TO ADVANCE DIRECTIVES
For state specific instruction, find the appropriate state by letter.
This packet contains a legal document, the Advance Health Care Directive, that protects your right to refuse medical treatment you do not want, or to request treatment you do want, in the event you lose the ability to make decisions yourself.
Power of Attorney for Health Care, lets you name someone to make decisions about your medical care—including decisions about life support—if you can no longer speak for yourself or immediately if you designate this on the document. The Power of Attorney for Health Care is especially useful because it appoints someone to speak for you any time you can not or do not choose to make your own medical decisions, not only at the end of life.
Instructions for Health Care, functions as your state’s living will. It lets you state your wishes about medical care in the event that you can no longer speak for yourself.
Donation of Organs at Death this is an optional section that allows you to record your wishes regarding organ donation.
Primary Physician, this is an optional section that allows you to designate your primary physician.
Note: This document will be legally binding only if the person completing it is a competent adult who is 18 years of age or older.
How do I make my advance health care directive legal?
In order to make your Advance Health Care Directive legally binding you have two options:
Sign your document in the presence of two witnesses, who must also sign the document to show that they personally know you (or you provided convincing evidence of identity) and believe you to be of sound mind and under no duress, fraud or undue influence.
Neither of your witnesses can be:
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the person you appointed as your agent, |
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your health care provider, or an employee of your health care provider. |
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the operator or employee of a community facility, |
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the operator or employee of a residential care facility for the elderly. |
In addition, only one of your witnesses may be:
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related to you by blood or marriage or adoption, |
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entitled to any part of your estate either under your last will and testament or by operation of law. |
OR
Sign your document in the presence of a notary public.
If you are a resident in a skilled nursing facility, one of the witnesses must be a patient advocate or ombudsman designated by the State Department of Aging.
Are there any important facts that I should know?
A copy of your Advance Health Care Directive has the same effect as the original.