Types of Advance Directives

advance directive vs living will paper pen

We spend a lot of time talking about the importance of living responsibly, which involves preparing for the realities of life. While we believe making the decisions involved in funeral pre-planning is one reflection of a responsible mindset, we also know the critical importance of completing an advance directive.

Advance Directive Definition

Sometimes called advance care directives, these document ensure that your wishes will be carried out in the future.

Defined as "a written statement of a person's wishes regarding medical treatment," advance directives, when properly signed and witnessed, will provide guidance for medical and health care decisions in the event the individual becomes incompetent and can no longer make such decisions.

Advance Directive vs Living Will

An advance directive is a broad category of legal instructions you may set up for your healthcare. A living will is a document that falls into the category of advance directives. Therefore, a living will is a type of advance directive.

Types of Advance Directives

Living Will - a living will allows you to approve or decline certain types of medical care, even if you will die as a result of that choice.

Durable Power of Attorney For Health Care - a durable power of attorney for health care, which is also known as a health-care proxy in some states, allows you to appoint a representive to make medical decisions for you.

Do Not Resusitate Order- a Do Not Resusitate order is a doctor's order that tells medical personnel not to preform CPR if you go into cardiac arrest.

Organ Donation Form - In most states, the advance directives form should have a section for specifying whether or not you wish to donate your organs upon your death.

Other Things to Know about Advance Directives

Governing laws vary so be sure to obtain an advance directive that complies with your state's laws.
You do not need an attorney to complete an advance directive.
If you reside in more than one state, you should complete an advance directive for each state where you spend a significant amount of time.
There are no time limitations on advance directives. A signed advance directive remains in force until a new one is completed.
Periodically review your advance directive to make sure it still reflects your desires. If it doesn't, don't try to amend it; simply complete a new one.
Paramedics and emergency medical technicians cannot recognize or honor a living will or medical power of attorney. They are obligated to do their best to stabilize the patient and get them to the hospital. When you are in the care of hospital personnel, your advance directive becomes valid.
Advance directives are legal throughout the United States

What's Involved in Preparing an Advance Directive?

It requires thoughtful introspection and conversation with family members. The American Bar Association describes the process this way: "Good advance planning for health care decisions is, in reality, a continuing conversation about values, priorities, the meaning of one's life, and quality of life."

There are many resources available online to assist and guide you in writing your Advance Directive.

Where to Obtain an Advance Directive Form

It's fairly easy to get a copy of the advance care directive form for your state. Your local hospital is a reliable source, as federal law requires every hospital to not only provide information about advance directives to people in their service area, they are also required to share valuable information about the related laws in your state. Contact your local hospital to learn more. Your family physician may also have advance directive forms available for patients.

You will need to have the advance directive witnessed and notarized. If you do not have access to a notary, you can find one using either of the following websites:

Once your advance directive is completed, signed, witnessed, and notarized, you may wish to upload a copy to your state's advance directive registry. This service allows healthcare providers quick access to your advance directive should they need it. Locate the advance directive registry for your state online or visit the website for the U.S. Living Will Registry.