What is an advance directive?

An advance directive is a health care document specifying what actions should taken in the event that you become ill and are unable to make decisions for yourself.  An advance directive appoints a person that will make decisions on your behalf and only takes effect if you are unable to express your wishes.

A living will, one type of advance directive, outlines the course of treatment that your health care providers should follow should you become unable to speak for yourself, are permanently unconscious, or dying.  A living will does not prevent you from receiving routine medical care if you are sick or injured; it only applies when you are unable to provide informed consent due to incapacity.  In a living will you may express, in advance, whether or not you wish to be given life-sustaining treatments should you become terminally ill.

A durable power of attorney for health care, also known as a health care proxy or health care surrogate, is another form of advance directive.  This type allows you to name an individual to make medical decisions for you in the case that you cannot speak for yourself.  Unlike in a living will, the appointed individual can make real-time decisions under actual circumstances.  The appointed health care proxy must be at least 18 years of age and it is recommended that one or more alternate individuals are appointed in case your first choice is unavailable.

Why do I need an advance directive?

Advance directives allow you to express your wishes and preferences regarding your medical care.  These are written legal documents and ensure that your preferences are known and guarantee that they will be followed.  They provide your physicians with answers to questions regarding your health should you become unable to speak for yourself.  Advance directives also inform your family members of your choices and prevent them from having to make difficult decisions or guessing what you would want in the event that decisions need to be made.  Finally, appointing a durable power of attorney, or health care proxy, means that your provider knows whose instructions to follow should your family disagree.

How do I prepare an advance directive?

It is important to discuss your medical wishes with your family, especially with the person you designate to make decisions for you.  They should have a clear understanding of your preferences.  You may ask a lawyer to help you create these documents, although it is not required.  Your health care provider may be able to provide you with the appropriate forms to fill out.  To validate all legal documents, you will need two witnesses and in some cases, you may need your signature notarized.  Once your documents have been prepared, make several copies.  Keep a copy for yourself and give copies to your physician for your medical records, family members, lawyer and your designated durable power of attorney.  If you are being admitted into the hospital, you should take these documents with you.  Living wills or choice of health care proxies maybe changed or cancelled at any time; be sure to destroy the old document and write a new one.

Health Care Proxy Form