Advance Health Care Directives

What Is an Advance Health Care Directive?

An Advance Health Care Directive is a written legal document that allows you to appoint another person, called your agent or attorney-in-fact, to make health care decisions for you in the event that you are unable to do so. The directive may also include your specific wishes regarding life-sustaining treatment, organ donation, and funeral arrangements.

How Does an Advance Health Care Directive Work?

When you sign an Advance Health Care Directive, you appoint an individual to make medical decisions on your behalf. This document often includes:

• Instructions regarding life-sustaining treatment
• Preferences for other health care matters
• Instructions for organ donation, the disposition of remains, and funeral arrangements

The document must be signed in front of two witnesses or be notarized. If you become unable to make health care decisions, your agent presents the directive to your health care provider, who will follow the instructions outlined in the document. Your agent may then begin making health care decisions on your behalf.

What Types of Health Care Decisions Will My Agent Be Able to Make for Me?

You have the option to provide detailed instructions about the specific types of medical and health care decisions your agent may make on your behalf. However, many Advance Health Care Directives serve as general guidelines, so it’s essential to have an in-depth discussion with your agent about your wishes.

If no restrictions are provided, your agent will have broad decision-making powers, which may include:

• Consenting to or refusing any care, treatment, service, or procedure to diagnose, maintain, or treat a physical or mental condition
• Choosing or rejecting health care providers and institutions
• Approving or disapproving diagnostic tests, surgical procedures, and medication regimens
• Directing the provision or withdrawal of artificial nutrition, hydration, and other forms of life-sustaining care, including cardiopulmonary resuscitation (CPR)
• Making decisions about organ donation, authorizing autopsies, and managing the disposition of your remains
• Making personal care decisions, such as determining your place of residence, providing meals, hiring household employees, arranging transportation, and planning recreation and entertainment

Can I Change or Revoke My Advance Health Care Directive?

Yes. As long as you are mentally competent, you can change or revoke your Advance Health Care Directive at any time. You may choose to appoint a different agent or adjust the instructions within the document to reflect your evolving wishes.

Having an Advance Health Care Directive allows you to maintain control over your health care decisions even when you cannot communicate your wishes. It is a vital part of estate planning, ensuring that your preferences are respected and carried out by a trusted agent.