What Is an Advance Directive and Who Should Have One?
By now, just about everybody has heard the terms living wills and advance directives. What are they? What do they do? Do you need one? Ask yourself these questions:
- Is there a person I trust to make health care decisions for me if I am not physically or mentally able?
- Do I have specific directives regarding what type of medical treatment I want or do not want if I should become incapacitated?
- Do I have directions for the way I want doctors, nurses, family, and friends to treat me if I am unable to make decisions for myself?
- Is there specific information I want my family and friends to know should I become seriously incapacitated?
If you answered yes to any of these questions, some form of advance directive can help you ensure that your wishes will be carried out. If you are retirement age or have been in poor health, this information may be of particular interest.
Plan Now to Ensure That Your Wishes Are Carried Out Later
You have the right to decide what medial treatment you want to receive in the event you become physically or mentally unable to communicate your wishes. You can prepare a document called an "advance directive." You state in advance, usually in writing, what kind of treatment you want or do not want in the event you are not able to communicate those wishes at the time. You can also authorize another person to make those decisions for you under the same circumstances.
Hospitals, skilled nursing facilities, hospices, home health agencies, and HMOs are required by federal law to give anyone covered by Medicare or Medicate information about advance directives. The specific form of these laws varies from state to state, so it is important to find the specific requirements for writing an advance directive in your state.
Are There Different Types of Advance Directives?
The two most common forms of advance directives are:
- Living Will: a document stating the kind of medical care you want - or do not want - if you become unable to make our own decisions. It is called a living will because it takes effect while you are still living. You may wish to consult an attorney or physician to ensure your living will meets the legal standards for your state.
- Durable Power of Attorney for Health Care: a signed, dated, and witnessed document naming another person as your authorized spokesperson to make medical decisions for you should you be unable. You can also include specific instructions regarding your treatment.
Specific legal requirements vary from state to state so it is advisable to work with an attorney.
No one is required to prepare an advance directive, and you can change or cancel an advance directive at any time.
- If you write or change your advance directive, notify your doctor, family, and friends so they will be aware and prepared to carry out your wishes.
- Ask your doctor to put a copy in your permanent medical record.
- Keep a copy in your personal records where it can be easily found when needed.
- Carry a card in your wallet or purse stating that you have an advance directive, where it can be found, and who you spokesperson is.
Where Can You Get Help?
You can get information and assistance from a lawyer, your doctor, any hospital, a hospice, any long-term care facility, or your state attorney general's office. You can also find information online - note the references listed below.
If you think an advance directive might be in your best interest, take action now. |
