The preparation of advance directives is key to avoiding emotional turmoil and legal battles later. Advance directives include three primary documents:
- A Living Will – a statement of how an individual would like to be treated in the event that he or she is unable to make decisions regarding the use of life-sustaining medical treatment. This document allows the individual to determine the use (or non-use) of life-prolonging measures and under what circumstances they may or may not be applied.
- A Health Care Proxy – the voice of the living will, authorizing one or more individuals to communicate a patient’s wishes regarding end-of-life treatment. In its basic form, depending on state law, a health care proxy does not provide any additional authority. In some states “proxy” is synonymous with health care power of attorney, or is the word used when there is no self- selected surrogate.
- A Health Care Power of Attorney – the teeth of the living will. It not only authorizes an individual to communicate a patient’s medical instructions, but can provide a host of other powers in the appointment of an agent who can (1) hire and discharge medical personnel and medical institutions; (2) access and provide details regarding a patient’s medical history; and (3) consent to a “Do Not Resuscitate” (DNR) order for a patient.
This article was adapted from the National Academy of Elder Law Attorneys’ and the National Elder Law Foundation’s websites. For more information, please visit their sites: www.naela.org or www.nelf.org.