Practical Law Presentations Putting a Legal House in Order Health-Care Advance Planning A health care advance directive helps you when you cannot speak for yourself. It's any written statement you make while competent concerning your future health care wishes. Formal advance directives include the living will and the health care power of attorney, often merged in a single, comprehensive advance directive. Writing Your Advance Directive There are all kinds of forms out there. No form is perfect for everyone. A good general form prepared by the ABA, the AMA, and AARP can be found at www.abanet.org/elderly/. The form is to aid, and not take the place of, communication. Any form you use should be personalized to reflect your own values, after thoughtful discussion with your doctors, family, and advisors. And after the form is properly signed, discussion should not cease. Your instructions may cover any health care issue, such as: states or levels of functioning in which you would not want (or want) life-sustaining treatment types of life-sustaining treatment you may want or not want and under what conditions organ donation wishes preferences regarding pain control and comfort care preferences regarding other aspects of end-of-life care, such as your place of care In appointing an agent, you will need to consider who your agent and alternative agents will be, and the scope of the agents' authority. The choice of agent is the most important part of this process. Speak to the person beforehand and explain your intentions. Confirm his or her willingness to act and understanding of your wishes. That means talking honestly and openly about death and dying. Avoid naming co-agents. It adds potential for disagreement and logistical complications. If you really want co-agents, have a plan for what happens when there is a split decision among them. Signing, Changing, & Storing Your Advance Directive Most states require two witnesses to your signature. A few require notarization, or offer it as an alternative to witnessing. You will comply with the witnessing requirements in most states if you avoid using witnesses who are: related to you by blood or marriage your physician or other medical provider employed by a health care facility that is treating you responsible for your health care costs You can change or revoke your advance directive while you have the capacity to do so, and no one can make a health care decision over your objection. You can revoke your directive orally or in writing by just about any means, although it is preferable to do it by writing your agent, physician and anyone else who has a copy of your directive. Keep the original in a safe place where it is easily found. Give a copy to: your doctor, asking that it be made part of your medical record your agent, making sure he or she knows where to find the original any successor agent or family member who is likely to be involved in decisions any health care facility you know will be treating you in the future your lawyer, even if he or she did not prepare the document Consider keeping a wallet card containing a notice that an advance directive exists. >>Putting a Legal House in Order Home >>Estate Planning >>What Is a Will? >>10 Things Estate Planning Can Do for You >>Preparing a Will >>Protecting Your Property >>Health-Care Advance Planning Reaching the Community Home | Practical Law Presentations Home