Advance Healthcare Directive

Definition

An advance healthcare directive, also commonly known as a living will or personal directive, is a legal document that expresses an individual’s wishes regarding the medical treatment they wish to receive, or not receive, in the event they become unable to make healthcare decisions on their own. It serves as a valuable tool in ensuring that a person’s healthcare preferences are respected and followed even if they are unable to communicate them directly.

Examples

1. A person may specify in their advance directive that they do not wish to be put on life-support if they are diagnosed with a terminal illness and have no possibility of recovery. This ensures that their desire for a dignified and natural death is honored.

2. Another example could be an individual who clearly states that they want all possible measures to be taken to prolong their life, even if it means being kept on life-support for an extended period. This can provide comfort and peace of mind to individuals who fear their wishes might not be respected if they are unable to communicate with healthcare professionals.

Components of an Advance Healthcare Directive:

1. Healthcare Proxy:

A healthcare proxy, also known as a durable power of attorney for healthcare, allows individuals to appoint a trusted person to make healthcare decisions on their behalf if they are unable to do so. This designated individual, also referred to as a healthcare agent or surrogate, has the authority to communicate with doctors and healthcare providers and make decisions aligned with the person’s wishes.

2. Specific Medical Instructions:

Individuals can use an advance healthcare directive to specify the types of medical treatments they wish to receive or refuse. This can include preferences regarding life-support interventions, resuscitation, artificial nutrition and hydration, pain management, and other medical interventions.

3. Mental Healthcare Preferences:

Some advance healthcare directives also allow individuals to express their preferences for mental healthcare treatment. These preferences may include instructions regarding psychiatric medication, hospitalization for mental health issues, and other mental health treatments.

Legal Validity and Execution:

In order for an advance healthcare directive to be legally valid, it must generally meet certain legal requirements established by state law. The requirements may vary depending on the jurisdiction, but typically include:

  • Being of sound mind and at least 18 years old when creating the document
  • Signing the directive in the presence of witnesses or a notary public
  • Ensuring the document accurately reflects the person’s wishes and preferences

It is essential to review and keep the advance healthcare directive up to date, especially if there are any changes in an individual’s medical condition or treatment preferences over time. Regularly discussing the directive with the appointed healthcare proxy and loved ones can also help ensure everyone is on the same page regarding the desired medical decisions.

An advance healthcare directive provides individuals with a sense of control over their own healthcare, even in circumstances where they are unable to communicate their wishes. By clearly expressing their preferences for medical treatment, individuals can ensure that their values and beliefs are respected, alleviating potential burdens on family members and healthcare professionals who may otherwise be uncertain about the appropriate course of action to take.