Advance Directives Q & A
What You Should Know About Advance Directives:
Health Care Directives (Living Wills) and Durable Power
of Attorney for Health Care
The term 'Advance Directives' refers to your oral
and written instructions about your future medical care
in the event you are unable to express your medical wishes.
There are two types of advance directives: a health
care directive and a durable power of attorney for
health care.
Health Care Directive (or Living Will)
A health care directive, commonly referred to as a 'living
will', is a legal document specifying your wishes regarding
the care you receive at the end of life should you be unable
to communicate them. In Washington state, the directive
is used only if you have a terminal condition where life-sustaining
treatment would only artificially prolong the process of
dying; or if you are in an irreversible coma and there is
no reasonable hope of recovery.
Health care directives may also be called a directive to
a physician, declaration or medical directive.
Durable Power of Attorney for Health Care
A durable power of attorney for health care is a legal
document allowing you to name a person as your health care
agent - someone who is authorized to consent to, stop or
refuse most medical treatment for you if a physician determines
you cannot make these decisions yourself. Once appointed,
your health care agent can speak on your behalf anytime
you are unable to make your own medical decisions, not only
at the end of life.
This type of advance directive is also referred to as a
health care proxy, appointment of health care agent or a
medical power of attorney.
Do I need an advance directive?
Advance directives are the best possible assurance that
decisions regarding your future medical care will reflect
your own wishes, in the event that you are unable to voice
these wishes. For this reason, every person aged 18 or over
should prepare a directive.
Do I need both a living will and a durable power of attorney
for health care?
Yes. Having both a living will and a durable power of attorney
for health care will provide the best protection for your
treatment wishes.
A durable power of attorney will allow for some flexibility
regarding treatment decisions, since the agent that you
choose to represent your wishes will be able to respond
to unexpected changes in your condition and base decisions
not just on your written wishes, but also on their familiarity
with you and your feelings regarding your care.
A living will is necessary to provide instruction in case
your agent is unable to serve, to provide evidence that
the agent is acting in good faith in case the agent's decisions
are challenged, or to serve as the primary record of your
wishes in case you are unable to appoint a health care agent.
Are advance directives legal?
Yes. There are federal and state laws that 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.
Will my Washington state advance directive be recognized
in another state?
Many states have laws that honor out-of-state directives.
If you travel, take copies of your directives with you.
If you spend a significant amount of time in another state,
it is a good idea to fill out an advance directive form
for that particular state.
(Note: Washington state does not require the durable power
of attorney for health care to be notarized or witnessed.
As some states do require notarization, you may want to
do so in the event you travel out-of-state.)
Will advance directives be recognized in emergencies?
No. During most emergencies, there is not enough time for
emergency service personnel to consult the patient's advance
directive. Once the patient is under the direct care of
a physician, there will be time for the advance directive
to be evaluated and/or the health care agent to be consulted.
What should I do with these forms once completed?
Signed copies of the completed directives should be included
in your medical record, given to any person to whom you
give your durable power of attorney - including any alternate
people you may have named - and to your personal attorney.
Originals should be in a safe but accessible place (not
a safe deposit box).
Download the forms
The WSMA provides free copies of the living will and durable
power of attorney for health care. To download these forms,
click here.
Things to remember
|
•
|
It is essential that you have honest and open discussions
with your appointed health care agent, doctor(s),
clergy, and family and friends about your wishes concerning
medical treatment. Discuss your wishes with them often,
especially if your medical condition changes.
|
|
•
|
If you wish to make changes to the directives, you
should complete new documents.
|
|
•
|
You can always revoke one or both of your Washington
state directives. If you choose to revoke your documents,
make sure you notify your health care agent, alternate
agents, your family and your doctor(s).
|
For more information
You are encouraged to discuss the directives with your
physician. Any legal questions you may have about the use
and effect of these directives should be answered by an
attorney.
Back to top
|
