Advance directives and living wills are legal documents that give instructions to your family members, health care providers, and others about the kind of care you would want to receive if you can no longer communicate your wishes because you are incapacitated by a temporary or permanent injury or illness. Other kinds of documents, like health care proxies and powers of attorney, appoint a trusted individual to make certain kinds of decisions on your behalf in certain situations.
Many people assume that their family members would automatically be able to make decisions about medical treatments if they were to become incapacitated. However, rules vary greatly from state to state. In some cases, decisions are left up to the health care providers and institutions in charge of your care unless you have appointed someone as your legal representative. If the decision falls to your family, they may not all agree on the best course of action. It is therefore important to have a plan ahead of time to avoid disagreements around treatment issues if you are incapacitated. Advance directives, living wills, health care proxies, and powers of attorney can help ensure that decisions made on your behalf meet your needs and preferences.
- Living will: A written record of the type of medical care you would want in specific circumstances.
- Health care proxy: A document that names someone you trust as your proxy, or agent, to express your wishes and make health care decisions for you if you are unable to speak for yourself
- Advance Directive An advance directive is a legal document that outlines how you want medical and financial decisions made if you can no longer communicate your wishes. A health care advance directive may include a health care proxy, living will, and a health care power of attorney. : Often refers to a combination of the Living Will A living will is a written record of the type of medical care you would want in specific circumstances. It can be used to make treatment decisions if you can no longer communicate your wishes because you are incapacitated by a temporary or permanent injury or illness. Living wills usually take effect after your doctor certifies that you are incapacitated and nearing the end of life. If you have appointed a health care proxy, they should use your living will to make medical decisions on your behalf. and Health Care Proxy A health care proxy is a legal document that names someone you trust as your proxy, or agent, to express your wishes and make health care decisions for you if you are unable to speak for yourself. Â documents.
- Power of attorney: A document—typically prepared by a lawyer—that names someone you trust as your agent to make property, financial, and other legal decisions on your behalf.
You may choose to appoint the same person to be in charge of your medical and financial decisions by naming them your health care proxy and granting them Power of Attorney A power of attorney is a legal document that lets you (the principal) appoint another person(s) (your agent or attorney in fact) to make decisions on your behalf. The specific terms of the power of attorney will describe what types of decisions the agent can make, including decisions about property, financial matters, health care, etc. The terms also determine how long the power of attorney lasts—a durable power of attorney is one that remains in effect if you are incapacitated. . However, doing so usually requires two separate documents.
If you have an advance directive, your doctors should make note of it in your medical record. Be sure to give these documents to the hospital each time you are admitted.