A living will allows one to document wishes concerning medical treatments at the end of life.
Before a living will can guide medical decision-making two physicians must certify:
The person is unable to make medical decisions, they are in the medical condition specified in the state’s living will law (such as “terminal illness or “permanent unconsciousness”), and other requirements also may apply, depending on the state.
A medical power of attorney (or healthcare proxy) allows one to appoint a trusted person as healthcare agent (or surrogate decision maker), who is authorized to make medical decision on the persons behalf.
Before a medical power of attorney goes into effect a person’s physician must conclude that they are unable to make their own medical decisions. In addition:
If a person regains the ability to make decisions, the agent cannot continue to act on the person’s behalf. Many states have additional requirements that apply only to decision about life-sustaining medical treatments. For example, before your agent can refuse a life-sustaining treatment on a person’s behalf, a second physician may have to confirm the doctor’s assessment that they are incapable of making treatment decisions.
What Else Does One Need to Know?
Advance directives are legally valid throughout the United States. While one does not need a lawyer to fill out an advance directive, an advance directive becomes legally valid as soon as you sign it in front the required witness.
Emergency medical technicians cannot honor living wills or medical powers of attorney. Once emergency personnel have been called, they must do what is necessary to stabilize a person for transfer to a hospital.
One state’s advance directive does not always work in another state. Some states do honor advance directives from another state; others will honor out-of-state advance directives as long as they are similar to the states own law; and some states do not have an answer to this question.
Advance directives do not expire.
One should review advance directive periodically to ensure that they still reflect one’s wishes.
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