Advanced Health Care Directive

Health decisions are very important in our lives and preparing for it will always be the best option. Every year, more people are unable to decide about their health care in times of illness or emergency. Some health problems can come in a snap, like in an accident, and some will come slowly like Alzheimer Disease.  As you age it will greatly benefit you to have an Advanced Health Care Directive.

What is a Advanced Health Care Directive (AHCD)?

An Advanced Health Care Directive is a general term, for a document, that instructs others about your medical care in case you cannot decide on your own. This document is only effective when circumstances are defined in the document and allows you to do either both of the following:

  • Appoint a health care agent – This is also known as Durable Power of Attorney for Health Care,Healthcare Proxy, or attorney-in-fact. This person will have the legal authority to make health care decisions for you if you are no longer able to speak for yourself. This role is usually given to a spouse, other family members, close friends or anyone you trust. The individual chosen will make decisions on your behalf regarding measures to prolong or shorten your life.

  • Prepare instructions for health care. – An Advanced Health Care Directive allows you to make specific written instructions for your health plan and care in case you cannot speak for yourself. This is also known as Living Will. Your Living Will outlines your plans or wishes about sustaining yourself and medical treatment.

Let’s say you have decided on whom to appoint as your care agent and created your Living Will.  Your living will and your care agent will only take effect after physician concludes that you, as a patient, cannot make your own medical decisions.  Your advanced directive document must now be certified by two physicians. These are certain things they will need to certify:

  • You are in a condition under the state’s living law (terminal illness or permanent unconsciousness)

  • You are unable to make medical decisions

  • Other requirements may apply, depending upon the state.

There are also some cases when:

  • A person regains the ability to make decisions, the care agent automatically loses the power to decide on the person’s behalf

  • States have additional requirements regarding life-sustaining medical treatment

  • Your care agent refuses a life-sustaining treatment on your behalf. A second physician will have to confirm your doctor’s assessment that you are incapable of making decisions.

What to Know About an Advanced Health Care Directive

  • An Advanced Health Care Directive may have different titles in different states.

  • AHCD are legally valid throughout the United States.

  • You do not need a lawyer to fill out an advanced directive you just have to sign it in front of required witnesses to make it legal.

  • States have varying laws for an Advanced Health Care Directive.

  • Emergency medical technicians cannot implement the Advanced Health Care Directive, they can only provide standard care. It is only after a physician fully evaluates the person’s conditions can the advanced directive take effect.

  • Your Advanced Health Care Directive is not honored in all states. You may need to complete another AHCD if you spend a significant amount of time in a different state.

  • Advanced directives have no expiration date. You may change and update your directive when you think it is needed.

  • You must review your Advanced Health Care Directive to ensure that they are still synced with what your current health plans are.