Advance Directives

An advance directive is a document completed by a capable adult that provides direction regarding desired health care in the event of future incapability, i.e. gives or refuses consent to particular health care treatments in advance. Advance directives are also referred to as “pre-expressed wishes” or “living wills.”

WHO MAKES HEALTH CARE DECISIONS?

In ranked order:

capable adult
Committee of Person
advance directive
Representative (legally appointed)
family/next of kin (Temporary Substitute Decision Maker)
in emergencies, health care provider

REQUIREMENTS FOR ADVANCE DIRECTIVE

must be completed by a capable adult
must not contain instructions to do anything prohibited by law or omit to do anything required by law
must be in writing and signed and dated by (a) the adult in the presence of 2 witnesses, and (b) both witnesses in the presence of the adult. (only one witness is required if the witness is a lawyer or a Notary Public)