What are advance directives?
"Advance directive" is a general term that refers to your oral and
written instructions about your future medical care, in the event
that you become unable to speak for yourself. Each state regulates
the use of advance directives differently. There are two types of
advance directives: a living will and a medical power of attorney.
What is a living will?
A living will is a type of
advance directive in which you put in writing your wishes about
medical treatment should you be unable to communicate at the end of
life. Your state law may define when the living will goes into
effect, and may limit the treatments to which the living will
applies. Your right to accept or refuse treatment is protected by
constitutional and common law. What is a medical power of attorney?
A medical power of attorney is a
document that enables you to appoint someone you trust to make
decisions about your medical care if you cannot make those decisions
yourself. This type of advance directive may also be called a
"health care proxy" or "appointment of a health care agent." The
person you appoint may be called your health care agent, surrogate,
attorney-in-fact, or proxy. In many states, the person you appoint
through a medical power of attorney is authorized to speak for you
any time you are unable to make your own medical decisions, not only
at the end of life. Why do I need an advance directive?
Advance directives give you a
voice in decisions about your medical care when you are unconscious
or too ill to communicate. As long as you are able to express your
own decisions, your advance directives will not be used, and you can
accept or refuse any medical treatment. But if you become seriously
ill, you may lose the ability to participate in decisions about your
own treatment. What laws govern the use of advance directives?
Both federal and state laws
govern the use of advance directives. The federal law, the Patient
Self-Determination Act, requires health care facilities that receive
Medicaid and Medicare funds to inform patients of their rights to
execute advance directives. All 50 states and the District of
Columbia have laws recognizing the use of advance directives. The
booklet, "Questions and Answers: Advance Directives and End-of-Life
Decisions," available from Choice In Dying, offers more information
about advance directives.
If you would like to receive an
Advance Directives package for your state call 1-800-989-WILL
(9455). Choice In Dying, a non-profit organization asks for $10.00
for each set of documents to cover costs. When ordering, specify the
state(s) for which you wish to order documents. You can also
download these documents from the WorldWide Web free of charge at
www.partnershipforcaring.org
These materials are copyrighted
by Choice In Dying. Use by individuals for personal and family
benefit is specifically authorized and encouraged. Any other use,
such as for commercial or group purposes, without the written
approval of Choice In Dying, is prohibited. © 1997 CHOICE IN DYING
Choice in Dying, Inc. was dissolved in year 2000, and its assets and
programs were assigned to "Partnership for Caring: America's Voices
for the Dying." They can be reached at 1-800-989-WILL (9455) or
online at www.partnershipforcaring.org
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