Health Care Directives Legal FAQs

A health care directive, also called a living will, sets forth an individual's wishes regarding future medical treatment and care. A health care directive takes effect when and if an individual becomes unable to communicate those wishes. Doctors and other medical staff are bound to honor and follow the instructions set forth in a health care directive.

A health care directive may specify the types of treatments that a patient is willing and unwilling to receive. The directive may instruct physicians to take all appropriate measures to ensure that a patient remains alive, or it may request that physicians refrain from prescribing life prolonging treatments should the patient become comatose or terminally ill.

A health care directive allows patients to control the type of care and treatment they receive at the end of their lives. Without a health care directive, doctors may use their own discretion in making treatment decisions or they may defer to the judgment of a patient's spouse or close relatives. Relatives may disagree, however, about what is best for the patient. Having a health care directive relieves family members of the stress and responsibility of making these decisions, and reassures them that the patient is receiving the type of care that they would have chosen if they were able to communicate their wishes.

No. An individual may change or terminate their directive at any time before the directive takes effect. A directive may be revoked orally or in writing.

Requirements for establishing health care directives vary between states. Typically, however, health care directives may be created by any individual over the age of eighteen who has the capacity to understand the terms and implications of the directive. To become effective, a directive must follow state specific witnessing and notary requirements. Health care directives may be obtained without a fee at most hospitals and senior care centers. Individuals may wish to discuss health care options with their physician or their hospital's patient representative before drafting their health care directive. While an individual need not retain a lawyer to complete the directive, an experienced lawyer may ensure that the individual has considered all options and complied with all legal formalities.

A durable power of attorney for health care, also known as a health care proxy, gives a person the authority to make medical decisions for a patient who is unable to make such decisions themselves. The health care proxy may ensure that the patient's health care directive is followed, or the proxy may be given the discretion to make decisions for the patient. When a health care directive and a durable power of attorney are combined in one document, the document is referred to as an advance directive for health care.

An individual should consider a number of factors before appointing a health care proxy. First, a health care proxy must reside in the same state as the individual. Second, a health care proxy should be someone that the individual trusts fully and whom can be relied on to act in the individual's best interest. Finally, an individual must have confidence that the proxy will act competently under pressure and that the proxy is willing and able to make important decisions at critical times.