A statement executed by a person while of sound mind as to that person’s wishes about the use of medical interventions for him or her self in case of the loss of his or her own decision-making capacity. A number of forms of advance directives have been proposed and are used; some are described below.
Any of a number of means (e.g., conversations, written directives, living wills, and durable power of attorney) by which a mentally competent patient indicates what interventions he or she would refuse or accept after losing the capacity to make decisions. Federal legislation now requires that all hospitalized patients have a form on file indicating their desires; in many cases, failure to follow a patient’s requests on an advanced directive is considered unethical and may result in legal action.
Written instruction for health care that is recognized under state law and is used in the provision of such care when the individual is incapacitated.
Legal documents that state how a person’s health care should proceed if he or she becomes physically or mentally unable to communicate his or her wishes. Advance directives specify the type of care and who makes the care decisions and may provide instructions on other matters such as organ donation. Their primary function is to give a person the option of avoiding aggressive treatments that may cause pain or incur great expense but offer little benefit. Commonly prepared for older people, advance directives are also used by people with terminal illnesses, those with a condition that has a poor outlook, those who have a strong point of view concerning their care, and parents who do not want to spend their resources on their own terminal care.
A written document in the form of a living will or durable power of attorney prepared by a competent individual that specifies what, if any, extraordinary procedures, surgeries, medications, or treatments the patient desires in the future, when he or she can no longer make such decisions about medical treatment.
Advance directives preserve the person’s right to accept or reject a course of medical treatment even after the person becomes mentally or physically incapacitated to the point of being unable to communicate those wishes. Advance directives come in two basic forms: 1) a living will, in which the person outlines specific treatment guidelines that are to be followed by healthcare providers; or 2) a healthcare proxy (also called a power of attorney for healthcare decision making), in which the person designates a trusted individual to make medical decisions in the event that he or she becomes too incapacitated to make such decisions. Advance directive requirements vary greatly from one state to another and should therefore be drawn up in consultation with an attorney who is familiar with the laws of the particular state.
Within the realm of healthcare, a broad classification envelops two distinct categories of crucial documents: living wills and medical powers of attorney. These empowering instruments serve as a conduit for individuals to convey their wishes and provide instructions concerning their medical care, an invaluable provision should they find themselves in a state where their voice remains unheard.