Advance Healthcare Directive

This Directive grants a power of attorney or agency which is in that the persons to whom it is given can make health care decisions on your behalf if and when you become disabled. Unlike a general power of attorney, your durable power of attorney does not start until you are determined to be incapacitated and will survive your capacity issues.

It is “special” in that it gives its holder only the right to make decisions regarding medical attention and services. The holder cannot use this power of attorney for any other purpose.

This directive may also include the power to make decisions concerning “Do Not Resuscitate” Orders, and orders to avoid heroics or extraordinary measures in terminally ill patients.

Durable special powers of attorney are often given to close family members. In the event of a medical emergency, this document can be presented to a health care service provider as written documentation authorizing the holder of the power to make health care decisions for you if you are unable to do so.

Frequently Advance Healthcare Directive Questions

What exactly is an Advance Healthcare Directive and why do I need one?

An Advance Healthcare Directive is a legal document that allows someone you trust to make medical decisions on your behalf if you become incapacitated. It’s essential because it ensures your healthcare wishes are followed when you can’t communicate them yourself, and it prevents confusion or conflicts among family members during medical emergencies. This is a durable power of attorney for health care decisions.

When does an Advance Healthcare Directive take effect?

An Advance Healthcare Directive only takes effect when you are medically determined to be incapacitated and unable to make decisions for yourself. Unlike a general power of attorney, it remains dormant until needed and continues to be valid throughout any periods of incapacity.

Who should I choose as my healthcare agent?

Choose a trusted family member or close friend who understands your values and wishes regarding medical care. This person should be willing to advocate for your healthcare preferences, remain calm under pressure, and be readily available to communicate with medical providers during emergencies.

What medical decisions can my healthcare agent make for me?

Your healthcare agent can make all medical decisions, including treatment choices, selecting healthcare providers, and making end-of-life decisions such as DNR (Do Not Resuscitate) orders—essentially all of the decisions you would make for yourself if you were able. They cannot, however, use this power for non-medical purposes like financial decisions.

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