Health Care Directive
Also known as an advance directive, a health care directive is a set of documents—such as a living will—that outlines an individual’s wishes regarding medical treatment in the event they are unable to communicate. We assist in drafting, formalizing, and ensuring the enforceability of these documents.
When major medical decisions need to be made concerning life-sustaining treatments and end-of-life care, these documents are referenced to ensure actions align with the patient’s preferences. They can also designate a health care proxy or power of attorney to make decisions on the individual’s behalf.
Types of Health Care Directives
Living Will:
A document that provides detailed instructions about the types of medical care the patient does and does not want, such as resuscitation, ventilator use, and feeding tubes.
Durable Power of Attorney for Health Care (Health Care Proxy):
Allows an individual to appoint a trusted person, typically a close friend or family member, to make medical decisions in their absence.
Do Not Resuscitate (DNR) Orders:
A directive that instructs medical personnel not to perform CPR if the individual’s heart stops. This is often included in a living will.
Requirements and Enforcements
Certain state-specific requirements must be met for a health care directive to be valid:
It must be in writing and signed by the individual.
It must be witnessed or notarized, depending on state laws.
It must clearly state the individual’s wishes as well as designate any health care proxy.
Once all legal requirements are met, medical providers are obligated by law to follow the instructions outlined in the directive. It is the responsibility of nursing homes, hospitals, and other facilities to ensure that any living will or related directive is included in the patient’s medical records.
At Michael G. Day & Associates, we are well-versed in creating these essential documents. Often, individuals may overlook certain aspects in their initial draft of a living will, and we can provide guidance on areas to consider.
We also recommend updating these documents regularly to ensure they accurately reflect the individual’s current preferences. Changes in medical advancements or laws may require updates, and we are always here to assist our clients through the process.
