Why Do I Need An Advanced Health Care Directive?
Protecting your healthcare decisions when you cannot speak for yourself
An Advanced Health Care Directive is a legal document that details your medical treatment preferences when you cannot make healthcare decisions yourself. This directive is a crucial part of comprehensive estate planning that ensures you retain autonomy and control over medical care, helps physicians provide appropriate treatment, and relieves family members from making difficult decisions during stressful times.
What is an Advanced Health Care Directive?
An Advanced Health Care Directive, also known as a living will or advance directive, is a legal document that communicates your healthcare preferences if you become unable to make medical decisions. It typically includes two main components:
- Living Will: Specifies your preferences for medical treatment in various scenarios (often confused with a traditional will, but serves a very different purpose)
- Healthcare Power of Attorney: Designates someone to make medical decisions on your behalf
Why You Need This Document
1. Maintain Control Over Your Medical Care
Without an advanced directive, medical decisions may be made by doctors, family members, or even courts without knowing your true wishes. This document ensures your values and preferences guide your care, even when you cannot communicate them.
2. Reduce Family Stress and Conflict
Medical emergencies are already stressful for families. When loved ones don't know your wishes, they may disagree about treatment decisions, creating conflict during an already difficult time. An advanced directive eliminates this guesswork.
3. Avoid Unwanted Medical Treatment
Some people prefer to avoid aggressive life-sustaining treatment if there's no reasonable hope of recovery. Others want everything possible done to extend life. Your directive ensures your preferences are respected.
4. Ensure Your Values Are Honored
Healthcare decisions often involve personal, religious, or cultural values. An advanced directive allows you to incorporate these beliefs into your medical care instructions.
Real-Life Impact
Studies show that patients with advanced directives receive care that is more consistent with their preferences, and families report greater satisfaction and less anxiety when clear directives exist. Additionally, having these conversations early helps families better understand and support your values.
What Should Be Included?
Medical Treatment Preferences
- Life-sustaining treatment: Mechanical ventilation, dialysis, artificial nutrition and hydration
- Resuscitation: CPR and other emergency procedures
- Pain management: Your priorities regarding comfort care vs. life extension
- Organ donation: Whether you want to donate organs or tissues
- Experimental treatments: Your willingness to participate in clinical trials
Healthcare Agent Selection
Choose someone who:
- Understands and will honor your values
- Can handle stressful situations and make difficult decisions
- Is likely to be available when needed
- Is comfortable advocating for your wishes with medical professionals
- Lives reasonably close or can travel to you if needed
Different Types of Medical Situations
Terminal Illness
If you're diagnosed with a terminal condition, you can specify whether you want aggressive treatment to extend life or prefer comfort care focused on quality of life.
Permanent Unconsciousness
In cases of persistent vegetative state or permanent coma, you can indicate your preferences for continued life support or allowing natural death.
Severe Dementia
As cognitive function declines, you can specify your preferences for various levels of intervention, from aggressive treatment to comfort care only.
Temporary Incapacity
For situations where you might recover but are temporarily unable to make decisions (like during surgery or while unconscious), your agent can make interim decisions based on your known preferences.
Common Misconceptions
"I'm too young to need this"
Medical emergencies can happen at any age. Car accidents, sudden illnesses, and other unforeseen events can leave someone temporarily or permanently unable to make healthcare decisions.
"My family knows my wishes"
While family members may have general ideas about your preferences, they may not know your specific wishes for complex medical situations. Additionally, hospitals may not accept family input without legal documentation.
"This is just about end-of-life care"
Advanced directives cover many situations beyond terminal care, including temporary incapacity, surgical decisions, and rehabilitation preferences.
POLST vs. Advanced Directive
A POLST (Physician Orders for Life-Sustaining Treatment) is different from an advanced directive. POLST is for people with serious illnesses and creates actual medical orders, while an advanced directive provides guidance for future medical decisions. Both documents can work together to ensure your wishes are respected.
Making It Legal and Effective
Legal Requirements
Requirements vary by state, but typically include:
- Being 18 years or older
- Being of sound mind when creating the document
- Proper witnessing or notarization
- Following your state's specific format requirements
Making It Accessible
- Give copies to your healthcare agent, family members, and primary care physician
- Keep copies in easily accessible locations
- Consider carrying a wallet card indicating you have an advanced directive
- Register with your state's advance directive registry if available
- Inform your healthcare providers about your directive
Reviewing and Updating Your Directive
Review your advanced directive regularly, especially after:
- Major life changes (marriage, divorce, birth of children)
- Changes in health status
- Changes in personal values or beliefs
- Changes in your chosen healthcare agent's availability
- Moving to a new state
How A Final Message Supports Your Healthcare Directive
While your advanced directive provides legal instructions for medical care, A Final Message can communicate the personal context behind your decisions to your loved ones. You might explain your values, share memories that influenced your choices, or provide emotional support to family members who must honor difficult decisions.
Taking Action
Creating an advanced health care directive is one of the most important documents you can prepare. It ensures your voice is heard even when you cannot speak, protects your loved ones from difficult decisions, and provides peace of mind that your values will guide your care.
Start by discussing your values and preferences with family members and potential healthcare agents. Then, consult with an attorney or use state-approved forms to create your legal documents. Remember, having these conversations and documents in place is a gift to yourself and your loved ones.