In summary, an advanced health care directive is a type of living will. It allows you to provide written instructions on the medical treatments you wish to use when facing illness or ailments at the end of your life. When forming an advanced health care directive, there are several factors that need to be taken into account, such as the parties involved in the drafting of the directive and the legitimacy of the will. This article will provide information on what an advanced health care directive is and how to create one.
Who Is Involved?
Before any living wills are drafted, it is necessary to have two medical physicians involved. The physicians are required to certify specific criteria including your ability to make medical decisions, your medical condition in the state’s living will law, and other issues dependent on the state.
A medical power of attorney will also be required to allow you to appoint an individual as your healthcare agent or surrogate medical decision maker. This agent will be authorized to make any medical decisions on your behalf if you are unable to make decisions. Before the power of attorney can be put into place, an individual’s physician must report that the person is unable to make a sound medical decision.
What Else Needs To Be Considered?
It is important to note that advanced health care directives are legally valid throughout the USA. This is beneficial because the directive or living will become legal in any state as soon as the application is completed regardless of the presentation of a lawyer or witness. Of course, laws do differ according to the state, and you need to comply with the state law for the directive to be effective.
If the advanced health care directive is completed according to one state’s law, it may not be valid in another state. In fact, some states do not accept living wills from other states – also known as out-of-state advanced health care directives. To resolve this issue, it is recommended that you complete advanced directive applications for all the states you spend significant amounts of time in. This will prepare you for any problems that could occur and have a directive in all the potential states.
Advanced health care directives do not expire and will remain in effect until changed by the primary party – that would be you. If you opt to draft a new advanced health care directive, it will immediately invalidate the previous directive. It is recommended that you review the will periodically to ensure it reflects your medical wishes and edit it accordingly.
Many people do not consider the issue of medical treatment later in life, so the advanced health care directive is not always seen as an important document. The fact is that it is an important document and should be considered by all people to ensure they have the correct treatment later in life.