Advance Directives: Planning for the Future
The Web has many resources to help you create advance directives, which are sometimes called advance health care or medical directives, and which often include a legal statement called a living will. This guide will help you learn the differences among the directives, where to find the right forms for your state, and how to talk to your family about these difficult topics.
Expand All Guide SectionsAdvance Directives Basics
Imagine you’ve been in an accident and have fallen into a coma from which doctors don’t believe you’ll recover. Would your spouse or family know whether you would want to remain in such a state? Would you want them to have to make that decision, and would other relatives agree with it? Advance directives can be used to explain your wishes before such a situation arises. “Advance directives” is the name of a group of documents used to communicate your health care choices if you become incapacitated and unable to speak for yourself. Such documents can help your loved ones make hard decisions during the most difficult of times. We’ve organized some online resources that can help you understand what advance directives are.
Dulcinea's Insight
- Advance directives come in different types, including living wills, medical power of attorney, and Do Not Resuscitate (DNR) orders.
- A health care proxy is the document that lets everyone know who you would like to represent you by making your health care decisions, should you be unable to do so yourself.
- Laws for living wills and advance directives vary by state, but you may be able to find information specific to where you live at your state’s Web site, your state’s bar association site, or your state’s hospital association. Search “living wills” or “advance directives” at these sites to learn more.
- If you want to extend your research beyond the sites in this guide, look specifically to consumer health information sites and consumer finance sites.
- Although more common among older people and the terminally ill, advance directives are beneficial to all, regardless of age. Medical problems can arise unexpectedly, and it’s important that family members are aware of your wishes.
- In many serious medical situations, only spouses or next of kin are allowed to make medical decisions for a patient, or sometimes even see the patient. Many states don’t recognize same-sex partners as spouses or next of kin, so advance directives and living wills could be particularly useful for these situations.
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For an overview of advance directives …
Mayo Clinic
has an article called “Living wills and advanced directives: Tools for medical wishes” that not only gives you an overview of both topics, but also uses easy-to-understand charts to demonstrate the differences among life-prolonging treatment options (what they are, what they do, what might happen if you choose not to have them).
For living wills and health care proxy ...
Nolo
has a number of articles that will prove helpful for those looking to understand advance directives. These include: “Living Wills and Powers of Attorney for Health Care: How They Work”; “Advance Directives, Living Wills, Powers of Attorney: What’s the Difference?”; and “What You Can Cover in Your Health Care Documents.”
The American Bar Association
answers some common questions about advance health care directives, including “Why can’t I just tell my doctor what I want?” “Is an advance directive still good when you cross state lines?” and “When should you review your advance directive?”
MedlinePlus
, a medical information directory run by the National Institutes of Health and the U.S. National Library of Medicine, has a directory of links about advance directive topics such as living wills and end-of-life health care options. Here you’ll be able to access overviews, glossaries, and other trusted resources about this topic.
For power of attorney ...
AARP
explains financial power of attorney and how it can differ depending on when, and how, you’d like that power to begin and end. This article also answers some common questions about power of attorney, such as “Are There Any Risks Associated with Power of Attorney?” and “Can I Name My Two Children as Co-Agents?”
The American Civil Liberties Union
has a page explaining the concept of a medical or health care power of attorney, which is different from a power of attorney that makes financial decisions on your behalf. Different people can be appointed to make decisions regarding your health and your finances.
For Do Not Resuscitate orders …
WebMD
has pages describing cardiopulmonary resuscitation (CPR) and Do Not Resuscitate orders (DNRs), which instruct care providers not to give CPR when needed. Accredited health care facilities, including nursing homes, must have DNR policies, and they aren’t considered valid without a doctor’s signature. Be sure to read the “Are DNR orders governed by state law?” section to learn more.
To help you determine if you need an advance directive ...
FindLaw
has an article titled “Should You Consider a Living Will?” that not only provides a history of living wills in the United States, but gives you some factors to consider (such as your estate and the distress of your loved ones) that may help you decide if creating a living will is the right choice for you.
Creating Advance Directives
Advance directives, with the exception of Do Not Resuscitate orders, require similar steps: obtain your state-specific form, fill it out, and then have it witnessed and notarized. DNRs, however, must be signed by a physician. Online, you can find help creating these documents, but consider having a lawyer or doctor look over the documents to make sure that they are adequate and that you will receive the type of care that you want.
Dulcinea's Insight
- Once your advance directive is filled out, witnessed, and notarized, be sure to make copies and tell loved ones where to find them. Don’t put the forms in your safe deposit box, because they may not be accessible in an emergency. Hospitals recommend bringing a copy of your advance directive with you if you are going to have a procedure done.
- If you’re creating a living will because you have been diagnosed with a serious or terminal illness, there may be special considerations that you should make depending on what you can expect from the progression of your condition. To learn more about a particular disease or condition, see the findingDulcinea Health Web Guide or, for terminal illnesses, see the findingDulcinea Terminal Illness Web Guide.
- There are plenty of sites that sell templates for legal forms; before you buy from one of these, check the site’s track record with the Better Business Bureau to make sure you’re getting forms from a reputable source.
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For forms and sample directives …
FindLaw
has sample living wills you can use as a basis for your own. There is a basic sample living will, a sample living will directive to physicians, a sample living will with designation of a surrogate, and a sample health care power of attorney. FindLaw also has overviews of the different state laws regarding living wills and links to the actual text of the laws.
MSN Money
’s article, “3 all-too-common flaws of living wills,” lets you know why some living wills don’t serve their purpose during a health crisis. The author points out the common flaws (including that they are “too vague”) and then offers steps for readers to take to ensure that their wills count when they are needed.
For state-by-state forms …
Caring Connections
is a site sponsored by the National Hospice and Palliative Care Organization. This page has practical advice about preparing your advance directives and links to free state-specific advance directive forms.
CCH Incorporated
provides legal and tax information for businesses, but the company also offers a “Financial Planning Toolkit” that includes a page of links to state advance directive forms, living wills, and powers of attorney.
To make sure you’re prepared ...
Bankrate.com
has an article titled “Preparing your finances for death and disaster” that, although not about living wills specifically, has some good tips for getting your finances in order should something happen to you.
WebMD
’s article “Conversations Before The Crisis” uses specific family situations to give you ideas of how to talk with your family about your wishes (or their wishes) for end-of-life care. It reinforces the importance of letting family, close friends, and your physician know what your wishes are for your care, should something happen to you, so that there will be the least amount of stress possible on those you love.
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