An Advance Directive, formerly called a Living Will or Durable Power of Attorney for Healthcare, is a document that allows an individual to give specific instructions for health care providers to follow under certain circumstances.
In general, state statutes allow an individual to make a written declaration instructing his or her physician to provide, withhold, or withdraw medical care, including life-sustaining treatment and/or artificial nutrition and hydration, under certain circumstances. A person may also appoint another person as his or her health care agent or proxy to make medical treatment decisions on his or her behalf. An agent should make health care decisions in accordance with the principal's instructions and any other wishes or values to the extent known to the agent. Otherwise, the agent should make treatment decisions in accordance with his or her determination of the principal's best interest. In determining the principal's best interest, the agent should consider the principal's personal values to the extent known to the agent.
Most state statutes require that Advance Directives be:
- In writing;
- Signed by the person making the Advance Directive for health care or by another in in the principal's presence and at the principal's expressed direction;
- Dated;
- Signed in the presence of two or more witnesses.
States may also have specific requirements regarding who is able to witness an advance directive. In many states, a witness may not be:
- Anyone who signed the advance directive for health care on behalf of and at the direction of the principal;
- Appointed as the principal's health care proxy;
- Related to the declarant by blood, adoption, or marriage;
- Entitled to any portion of the principal's estate;
- Directly financially responsible for the principal's medical care.
Some states have specific actions that must be taken by the individual appointed as the proxy or health care agent before the Advanced Directive can become effective. Generally, unless otherwise specified, an Advance Directive becomes effective when the attending physican determines that the principal is no longer able to understand, appreciate, and direct his or her medical treatment, and the principal has a qualifying condition, such as a terminal illness or injury, or is in a state of permanent unconsciousness.
If a health care provider refuses to comply with the directions of an advance directive or designated proxy, the provider must indicate this to the principal and/or proxy so that the care for the principal can be transferred to another health care provider. No nurse, physician, or other health care provider may be required by law or contract in any circumstances to participate in the withholding or withdrawal of life-sustaining treatment if such person objects to so doing.
Healthcare providers, insurers, health care institutions and hospitals cannot require a patient to execute a health care directive or obtain a “do not resuscitate order” from a physician as a conditions of receiving services or being insured.
Fifty State Survey - Advance Directive Statutes
Before and After You Complete An Advance Directive
Advance Directive Wallet Card