Advanced Directives

Advanced directives is the general term used to describe the documents that contain a person’s wishes concerning his medical care if he becomes incapacitated or is unable to make decisions. Most people shy away from the subject because they don’t like to think about death. Advanced directives aren’t really about death – they give a person the opportunity to discuss how they’d like to live.

Some types of advanced directives are Living Wills, Powers of Attorney both for Health Care and Financial purposes, Organ Donation Directives, Medical Treatment Plans, Wills and Living Trusts. There are directives for every purpose – each state addresses how advanced directives must be completed in order to be considered a legal document. In most cases, an advanced directive that meets the legal criteria in the state where a person lives will be accepted in any state in which he’s being treated. If a person is on vacation, the last thing he should have to worry about is whether an advanced directive will be accepted.

Advanced directives should be completed when a person has the opportunity to carefully think about end-of-life decisions, long before he becomes ill, Unfortunately, people usually wait to complete the forms until they’re under the stress of being admitted to a hospital or other health care facility. This is the worst time to have to make such an important decision.

If a person never completed an advanced directive and end-of-life decisions must be made on his behalf, it is up to the physician and the patient’s family to guess what he may have wanted and to decide his fate. That may sound dramatic, but without advanced directives a confused patient can’t legally give input about his end-of-life experience when it’s needed the most. What if the patient would want to have treatment withheld, and the family member doesn’t feel the same? Unless it’s in writing, a person’s wishes might not even be considered.

Every discussion about end of life healthcare planning should include financial issues such as insurance policies, investments, where important papers are located, and telephone numbers of people to contact in case of emergency. No one is immune to tragedy, and it’s helpful to have the information available for others to access.

Each state has a law regarding advanced directives – some offer forms that meet state regulations, while others mandate what the form must include and how it should be completed. Generally speaking, financial powers of attorney must be notarized while healthcare powers of attorney can either be notarized or witnessed, although there is also a declaration that must be completed in order for a witnessed form to be valid. The declaration gives contact information about the witness in the event the document is contested. Witnesses can’t be related to the senior, nor can they be named as heirs in the senior’s will. They also aren’t able to work for a company providing healthcare services to the senior.

Most estate planners and attorneys have forms that meet state regulations, but it’s not always necessary to use the services of an attorney to complete the form. Healthcare powers of attorney are often included as part of an estate plan, which doesn’t add unnecessary expenses – but a power of attorney can easily be completed without consulting an attorney.  Below you’ll find a link to forms that meet the requirements of each state.

Once they’re completed, the advanced directive forms should be given to every involved family member and your doctor. They should also be presented to hospitals and nursing homes upon every admission, because they’re not usually pulled forward from past admissions. There is no huge computer somewhere that contains everyone’s financial and personal information – so if the information isn’t easily located it may never be found. Although it seems hard to believe, family members who disagree with the care you chose might not provide the forms to a healthcare provider – which is why it’s necessary to provide a copy to every trusted family member.

For additional information about advanced directives in your state, see the list below or contact your local Area Agency on Aging.