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What is an Advanced Health Directive?

April 18, 2023

What is an Advanced Health Directive?

An Advanced Health Directive, also known as a Living Will, is a legal document that outlines an individual's preferences for medical treatment and care if they become incapacitated or unable to make decisions for themselves. It is an important tool for anyone who wants to ensure that their wishes regarding medical treatment are respected and carried out, even if they cannot communicate those wishes at the time.

What Does an Advanced Health Directive Cover?

What is an Advanced Health Directive?

An Advanced Health Directive typically covers a range of medical issues, such as the use of life-sustaining treatments like:

  • ventilators
  • dialysis
  • and feeding tubes.

It may also include pain management, organ donation, and end-of-life care instructions. The document can be customized to reflect an individual's personal beliefs and values and is legally binding in most states. It's especially important for nursing homes to have an advanced care directive for every resident.

What Are The Benefits of an Advanced Health Directive?

There are a few significant benefits of having an advanced health directive.

Peace of Mind for Loved Ones

One of the main benefits of having an Advanced Health Directive is that it provides peace of mind to both the individual and their loved ones. By making their preferences clear in advance, the individual can reduce the likelihood of family members having to make difficult decisions about their care without knowing what the person would have wanted. This can help prevent conflicts and disagreements among family members and ensure the individual's wishes are respected.

The Individual Still Has a Say Over Their Health

Another benefit of an Advanced Health Directive is that it can help ensure that individuals receive the medical care they want while avoiding treatments they do not want. For example, if an individual does not want to be kept alive by artificial means if they are in a coma or persistent vegetative state, they can specify this in their Advanced Health Directive. This can help prevent doctors from providing treatments that the individual would not have wanted and spare family members from making difficult decisions about ending life support.

An Advanced Medical Directive is Legally Binding

In addition to outlining an individual's preferences for medical treatment, an Advanced Health Directive may appoint a healthcare proxy or power of attorney. This person is authorized to make medical decisions on behalf of the individual if they cannot do so themselves. The healthcare proxy is responsible for ensuring that the individual's wishes are respected and that they receive the care they want.

What Happens if You Do Not Have an Advanced Directive?

If you do not have an Advanced Health Directive, also known as a Living Will, your medical decisions may be left to family members, healthcare providers, or even a court. This can create uncertainty, stress, and conflict for those involved in your care, and it may not reflect your wishes and values regarding medical treatment and care.

Additionally, without an Advanced Health Directive, your wishes regarding end-of-life care, such as pain management, hospice care, and organ donation, may not be known or respected. This can create additional stress and uncertainty for your loved ones during a difficult time.

Who Needs an Advance Care Plan?

Everyone should have an advanced care plan, regardless of age or health status. It is essential to have a plan to ensure that your wishes are respected and your loved ones are not burdened with difficult decisions during a medical crisis. Advance care planning also allows you to choose someone to make decisions on your behalf if you cannot do so yourself. It is especially important for individuals with chronic illnesses, elderly individuals, and those who engage in high-risk activities.

Will An Advance Directive Guarantee Your Wishes are Followed?

An advance directive can help ensure your wishes are followed, but it is not guaranteed. Many factors can impact the implementation of an advance directive, such as changes in your medical condition or disagreements among family members or healthcare providers. It is essential to regularly review and update your advance directive, communicate your wishes with your loved ones and healthcare team, and choose a trusted person to act as your healthcare proxy to help ensure that your wishes are respected.

​Can You Change Your Advance Directive?

Yes, you can change your advance directive at any time. It is important to review and update your advance directive regularly, especially if there have been any changes in your health or personal circumstances. You can make changes by creating a new advance directive or by updating your existing one with the help of an attorney or healthcare professional.

How To Set Up An Advanced Health Directive

Setting up an Advanced Health Directive, also known as a Living Will, can seem daunting, but it is a relatively simple process that can provide peace of mind for you and your loved ones. Here are the steps you can follow to create an Advanced Health Directive:

Step 1: Determine your wishes

The first step in setting up an Advanced Health Directive is determining your wishes regarding medical treatment and care. This may involve considering various scenarios, such as being in a coma or persistent vegetative state, needing life-sustaining treatments like ventilators or feeding tubes, or facing end-of-life care decisions. You may also want to consider your beliefs and values regarding pain management, organ donation, and other medical issues.

Step 2: Consult with a qualified professional

Once you have determined your wishes, consulting with a qualified attorney or healthcare professional is essential. They can help you understand the legal and medical issues involved in creating an Advanced Health Directive and guide the specific language and provisions that should be included in the document.

Step 3: Draft the document

With the guidance of an estate planning lawyer you can draft a document that outlines your preferences for medical treatment and care. This may involve customizing a template document or creating a document from scratch. The document should be clear and concise and reflect your wishes and values.

Step 4: Sign and witness the document

For the Advanced Health Directive to be legally binding, it must be signed and witnessed in accordance with state laws. This may involve having the document notarized or witnessed by two witnesses who are not family members or healthcare providers.

Step 5: Share the document with family members and healthcare providers

Once the document is signed and witnessed, sharing it with family members and healthcare providers is important. This can help ensure that everyone is aware of your preferences and that the document is accessible if it is needed.

Step 6: Update the document as needed

Finally, updating the Advanced Health Directive periodically is essential to reflect any changes in your preferences or circumstances. This may involve revising the document with the guidance of a qualified professional and ensuring that family members and healthcare providers are aware of any changes.

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