Advanced Directive
The purpose of an advanced directive is to allow a person to state their personal wishes in a document when they become unable to make their own decisions. It is important to understand that the document is not legally binding.
Each state has its own Advanced Directive forms based on its laws.
In order for a person to have their wishes legally binding, a document called a POLST must be used. This document must be filled signed by your doctor. The POLST information must be followed by all medical staff.
1. Types of Advanced Directives
- Living Will: Specifies types of medical treatment if terminally ill or incapacitated.
- Durable Power of Attorney for Health Care (DPOA): Allows an individual to appoint someone to make healthcare decisions.
2. Specific Treatment Preferences
- Resuscitation: Preferences for CPR.
- Mechanical Ventilation: Instructions on breathing assistance.
- Nutritional Support: Decisions about feeding tubes.
- Palliative Care: Preferences for comfort care and pain management.
3. Appointment of Healthcare Proxy
- Name and Contact Information: The proxy’s name and contact details.
- Successor Agents: Backup agents if the primary is unavailable.
4. Signature and Witnesses
- Most states require a signature in the presence of witnesses.
- Witness Requirements: Requirements for unbiased witnesses.
5. Revocation Clause
- Written Notice: Provide written notice to revoke.
- Verbal Communication: Notify healthcare proxies of changes.
6. State-Specific Requirements
- State laws may dictate additional forms and language.
- Ensure compliance with state-specific requirements.
Sources: National Hospice and Palliative Care Organization (NHPCO), American Bar Association (ABA), and Centers for Medicare & Medicaid Services (CMS)