Advanced Healthcare Directive FAQs

What is an Advanced Healthcare Directive?

An Advanced Healthcare Directive is written document comprised of two sections: (1) Living Will; and (2) Healthcare Power of Attorney. In the Living Will section, you tell your physicians and loved ones which types of medical care you do and do not want, in case you are unable to say so yourself. This is commonly referred to as the “pull the plug”/“do not pull the plug” section. Examples of such medical care include whether or not to have blood transfusions, CPR, dialysis, assisted respiration, surgery, and palliative care.

In the Healthcare Power of Attorney section, you will designate an agent to oversee your healthcare and to make healthcare decisions for you, in case you are unable to do so yourself. You may give your health care agent as much or as little power as you wish. For instance, you may state that your healthcare agent only has the authority to make healthcare decisions that are consistent with the wishes in your Living Will, and no more. Examples of authorizations include: consenting or refusing medical treatments; hiring or firing members of your medical team; or admitting/removing you from medical care facilities.

Who Should Have an Advanced Healthcare Directive?

Everyone (above the age of 18). While having an Advanced Healthcare Directive is more urgent for certain groups of people (e.g., those who are seriously ill, about to undergo surgery or hospital admission, are getting older, or are moving into a nursing care facility), everyone should have one in place. Should you unexpectedly be involved in an accident, you want to be able to have a say in what happens to you and who makes your critical healthcare decisions. Otherwise, these decisions will be made by another family member, a doctor, or even a judge, all of whom might know close to nothing about what you would really want.

Will Other States Honor my Advanced Healthcare Directive?

In most cases, yes. You have a Constitutional right to make your own essential healthcare decisions—e.g., whether or not to receive life-sustaining treatment when near death. States are therefore either obligated to either honor your Advanced Healthcare Directive, or to transfer you to a provider who will. Even though your healthcare documents are portable across state lines, there are still some steps you can take to minimize confusion or delay in carrying out your healthcare wishes, such as, for instance, ensuring your healthcare documents comply with notary and witness requirements of all of the states you spend the most of your time in.