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Last Update August 25th, 2024
Health Care Directive
Advance Care Directive
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Table of Contents:An Advance Medical Directive is a legal document a competent adult uses to set a medical treatment plan in certain circumstances [1].
Other names for an Advance Directive include:
An Advance Directive also outlines the medical care treatment preferences and assigns an agent to make healthcare decisions if you become unable to. You assign this agent (also known as health care proxy or health care surrogate) when you are creating your document.
The purpose of advance care planning is to give the person who signs it (the principal) the authority to express their health care wishes and choose medical and life-sustaining treatments they would like to receive.
Medical professionals and your agent work together to address your life care wishes.
This comes into effect only when the principal becomes unable to communicate, such as in an end-of-life situation. If you do not self-select an agent ahead of time, your spouse, adult child, another blood relative, or a court-appointed guardian may decide treatment options for you.
An Advance Health Care Directive is a combination of legal documents. In the past, it was common for someone to have a Living Will, a Medical POA, or one of each [2].
These are the different parts that should be included within the Advance Directive:
Follow this step-by-step guide on how to write your Advance Directive. This way, you know exactly what to include.
Take advantage of our Advance Directive template to make this process much simpler.
When you make an Advance Directive, it is important to think about your choices and medical preferences, such as desires for emergency care, do-not-resuscitate orders (DNR), blood transfusions, comfort care, organ and tissue donation, and more.
If you are drafting an Advance Directive because you want to have control when you are unable to communicate, your healthcare and treatment decisions could come into effect during one of these medical situations [3]:
Depending on the state you live in, signing an Advance Directive could have fewer or more requirements.
Before you write yours, read your state's law and requirements below.
State | Signing Requirement | Law |
---|---|---|
Alabama | 2 witnesses | § 22-8A-4(c)(4) |
Alaska | 2 witnesses or notary Public | §13.52.010(b) |
Arizona | 1 witness or notary Public | § 36-3221(A)(3), § 36-3262 |
Arkansas | 2 witness or notary Public | § 20-6-103(c), § 20-17-202 |
California | 2 witnesses or notary Public | § 15-18-106(1) |
Connecticut | 2 witnesses | § 19a-575a, § 19a-575 |
Delaware | 2 witnesses | § 2503(b)(1) |
Florida | 2 witnesses | § 765.202(1), § 765.302(1) |
Georgia | 2 witnesses | § 31-32-5(c)(1) |
Hawaii | 2 witnesses or notary Public | § 327E-3(b)(1)(2) |
Idaho | Only the principal | § 39-4510 |
Illinois | 2 witnesses | § 35/3(b) |
Indiana | 2 witnesses | § 16-36-4-8(b)(5), § 16-36-1-7 |
Iowa | 2 witnesses & notary Public | § 144B.3 |
Kansas | 2 witnesses or notary Public | § 65-28,103, § 58-632 |
Kentucky | 2 witnesses or notary Public | § 311.625(2) |
Louisiana | 2 witnesses | § 28:224, § 40:1151.4 |
Maine | 2 witnesses | § 5-803(2) |
Maryland | 2 witnesses | § 5-602(c) |
Massachusetts | 2 witnesses | § 201D-2 |
Michigan | 2 witnesses | § 700.5506(4) |
Minnesota | 2 witnesses or notary Public | § 145C.03 |
Mississippi | 2 witnesses or notary Public | § 41-41-209 |
Missouri | 2 witnesses & notary Public | § 50–9–103(1), § 53-21-1304(2)(d) |
Nebraska | 2 witnesses or notary Public | § 30-3404(5), § 20-404(1) |
Nevada | 2 witnesses or notary Public | §162A.790(2), §449A.433(1) |
New Hampshire | 2 witnesses or notary Public | § 137-J:14 |
New Jersey | 2 witnesses or notary Public | § 26:2H-1 |
New Mexico | Only the principal | § 24-7A-2(B), § 24-7A-4 |
New York | 2 witnesses | § 2981 |
North Carolina | 2 witnesses or notary public | § 90-321, § 32A-16(3) |
North Dakota | 2 witnesses or notary public | § 23-06.5-05 |
Ohio | 2 witnesses or notary public | § 2133.02(A)(1), § 1337.12(B)(C) |
Oklahoma | 2 witnesses | § 63-3101.4 |
Oregon | 2 witnesses or notary public | §127 |
Pennsylvania | 2 witnesses | § 5442, § 5452 |
Rhode Island | 2 witnesses or notary public | § 23-4.11-3, § 23-4.10-2 |
South Carolina | 2 witnesses & notary public | § 62-5-503, § 62-5-504, § 44-77-40 |
South Dakota | 2 witnesses or notary public | § 59-7-2.1, § 34-12D-2 |
Tennessee | 2 witnesses or notary public | § 68-11-1803(b), § 34-6-203(a)(3) |
Texas | 2 witnesses or notary public | § 166.154, § 166.164 |
Utah | 1 witness | § 75-2a-107(c) |
Vermont | 2 witnesses | § 9703 |
Virginia | 2 witnesses | § 54.1-2983 |
Washington | 2 witnesses or notary public | § 11.125.050, § 70.122.030 |
Washington D.C. | 2 witnesses | § 7-622(a)(4) & § 21–2205(c) |
West Virginia | 2 witnesses or notary public | § 16-30-4(a) |
Wisconsin | 2 witnesses | § 155.10(1)(c), § 154.03(1) |
Wyoming | 2 witnesses or notary public | § 35-22-403(b) |
Before you write a legal form or document, it is always a good idea to see a sample.
Reviewing what an example of an Advance Directive is will help you write your document. It will:
Look at our example template below:
Some medical documents become part of the process of writing your Advance Directive. Others are similar and can help you or a loved one in an identical situation.
Have a look at the documents below:
You can find templates for all of these legal forms on our website.
Sources:
[4] Consumer Pamphlet: Florida Power of Attorney. The Florida Bar.
To give you more information about Advance Directives and how to write them, we have included responses to some common questions.
Use these answers to make sure you have absolutely everything you need to create your documentation.
A Living Will is a type of advance directive. Other advance directives include power of attorney for health care (health care surrogate designation), medical orders or health care instructions, and a mental health treatment preference declaration.
Advance Directive | Living Will |
---|---|
Includes preferences regarding end-of-life treatment, not limited to terminal condition | Includes preferences concerning end-of-life decisions and treatment |
Assigns a Medical Power of Attorney | Does not assign a Medical Power of Attorney |
Can prohibit CPR during emergency care | Does not prohibit CPR on its own, but may detail your desire for or against CPR. |
Depending on the state you live in, at least 1 witness is almost always mandatory. However, this is not always the case.
It is recommended to have at least 2 witnesses, even if you aren’t required to have any witnesses. Your healthcare surrogate cannot be a witness, and one of your witnesses must not be a spouse or blood relative.
You can make a change to your Advance Directive. All you need to do is destroy the one you currently have.
After you have gotten rid of your old one, you might need information on how to get an Advance Directive again.
Use LawDistrict’s template to make your new document in a few simple steps.
It is important to inform your primary care doctor of any changes and ensure that a new directive is updated in your medical records. Additionally, remember to include new directives in hospital or nursing home charts. It's also advisable to discuss any changes with your healthcare team, legal representative, family, and friends.
Your Advance Directive documents **should be **adjusted if you experience a change in your healthcare preferences or after certain changes happen in your life, such as:
Always make sure your legal documents are current, and **check our website **for news and updates.
You are only a few steps away from your own Advance Directive!
Download our professional examplesPrincipal's Information
Principal's Full Name: _________
Date of Birth: _________
Address: _________
Telephone number: _________
Email address: _________
The Principal is completing this form in Alabama.
Signing Date: ____________Agent Information
My agent's name: _________
Address: _________
Telephone Number: _________
Email address: _________
Agent's Powers
I have communicated my goals and wishes to my agent, who shall follow the instructions given in this document and the conversations we have had in preparing it. I grant my agent authority to make decisions about my health care according to these goals and wishes. If my instructions are unclear at any time, then my agent will decide based on what my agent believes to be in my best interests. My agent's authority to interpret my wishes and goals includes the following authority:
Provision of Life-Sustaining Procedures
My health care agent may not have life-sustaining treatment withheld or withdrawn from me, unless the principal is in a terminal condition or in a permanently unconscious state and a qualified physician determines that the principal is in a permanently unconscious state. Moreover, my health care agent may not have orally ingested nutrition or hydration withheld or withdrawn from me, unless provision of the nutrition or hydration is medically contraindicated, or unless otherwise provided in this document.
Effectiveness
This Medical Power of Attorney will become effective immediately.
Duration
This document shall end upon my death.
I sign my name to this medical power of attorney on this ____________ at ____________, Alabama.