You may know that an advance directive can help communicate your wishes if you cannot speak for yourself. Still, knowing that you should have one does not necessarily answer all the questions that come with it.
Is a living will the same thing? When does an advance directive actually take effect? What happens if you move to another state?
These advance directive FAQs address some of the questions that often come up before and after these documents are created.
What Is an Advance Directive?
An advance directive is a legal document that provides instructions about your medical care if you become unable to communicate your wishes.
According to the National Institute on Aging, the two most common types are a living will and a durable power of attorney for healthcare.
These documents serve different purposes. One can provide written instructions about certain medical treatment. The other can name someone to make healthcare decisions for you when necessary.
Depending on your plan, you may have one or both.
Is an Advance Directive the Same as a Living Will?
Not exactly.
A living will is one type of advance directive. It allows you to document your wishes about certain medical treatments and the circumstances in which you would or would not want them.
The term “advance directive” is broader. It can include a living will as well as a durable power of attorney for healthcare.
That distinction can be helpful when reviewing your documents. Someone who says, “I already have an advance directive,” may actually have several documents that work together.
What Is a Healthcare Power of Attorney?
A healthcare power of attorney allows you to name someone to make healthcare decisions for you if you cannot communicate those decisions yourself.
Depending on the state and document, that person may be called a healthcare proxy, agent, surrogate, or representative.
A living will can provide instructions about situations you have considered ahead of time. However, no document can anticipate every medical circumstance. Your healthcare agent can help address decisions that may not be specifically covered by your written instructions.
For that reason, it is important to choose someone you trust and talk with that person about your wishes.
When Does an Advance Directive Take Effect?
Advance directives are intended for situations in which you cannot communicate your own healthcare wishes.
Having an advance directive does not mean giving someone else control over your medical decisions while you are still able to make and communicate them yourself.
Instead, it prepares for the possibility that an illness, injury, or other medical situation could prevent you from speaking for yourself.
This is one reason advance care planning is not limited to people who are elderly or seriously ill. An unexpected medical event can happen at any age.
Who Should I Choose to Make Healthcare Decisions for Me?
The right person is not necessarily the person who knows you the longest or lives the closest.
Consider whether the person understands your values, can communicate with healthcare providers, and will respect your wishes even during a difficult situation.
Most importantly, talk with the person before naming them. Make sure they are willing to take on the responsibility.
The conversation matters too. A document can provide important direction, but your agent may someday face a medical situation you could not have predicted. Understanding what matters to you can help that person make decisions in circumstances that are not specifically addressed on a form.
Can I Change My Advance Directive?
Yes. An advance directive does not have to remain unchanged for the rest of your life.
Your health may change. So can your relationships, priorities, or thoughts about medical care. The person you originally selected to make healthcare decisions may no longer be the person you would choose today.
The National Institute on Aging recommends treating advance directives as living documents and reviewing them regularly. A major life event, move to another state, or significant change in health can also be a good reason to look at them again.
If you make changes, make sure the people who rely on your documents know that a newer version exists.
What If I Move to Another State?
A move is a good reason to review your advance directive.
Requirements and forms can differ from one state to another. Therefore, a document completed in one state may raise questions after you establish a new residence somewhere else.
The same issue can matter for people who regularly spend substantial time in more than one state. The National Institute on Aging suggests considering an advance directive for each state in that situation and keeping a copy in each location.
If you are unsure whether your existing documents meet another state’s requirements, consider asking an attorney familiar with the law there.
Who Should Have a Copy of My Advance Directive?
Creating an advance directive is important. Making sure the right people can find it is important too.
Your healthcare agent should have access to a current copy. Your physicians and other healthcare providers may also need one for their records. In addition, you may want appropriate family members or others involved in your care to know that the document exists.
The goal is not to distribute your private medical planning documents to everyone you know. Instead, think about who may actually need them if you could not provide the documents yourself.
If you update your advance directive, remember to replace older copies wherever possible.
What Happens If I Do Not Have an Advance Directive?
If you become unable to make your own healthcare decisions and have not created an advance directive, state law may determine who can make medical decisions for you.
That person may be a spouse, adult child, parent, or another individual, depending on the law and your circumstances.
However, the person selected under state law may not be the person you would have chosen yourself. Family members may also have different ideas about the care you would want.
Creating an advance directive gives you the opportunity to provide direction ahead of time rather than leaving those decisions entirely to circumstances you cannot predict.
Is an Advance Directive Only About End-of-Life Care?
No. Advance directives are often discussed in connection with end-of-life decisions, but they can become important in other situations as well.
For example, a serious accident or stroke could temporarily or permanently prevent someone from communicating. In that situation, an advance directive can help identify who should make healthcare decisions and provide information about the person’s wishes.
Thinking about advance directives only as “end-of-life paperwork” can make it easy to put them off. Their broader purpose is to prepare for a time when you cannot communicate medical decisions for yourself.
Once I Complete an Advance Directive, Am I Finished?
Completing the paperwork is an important step, but advance care planning does not end with a signature.
Talk with the person you have chosen to make decisions for you. Make sure the appropriate healthcare providers have access to your current documents. Review them periodically to make sure they still reflect your wishes.
Your preferences may change over time. Your documents can change with them.
An advance directive cannot predict every medical decision you may someday face. What it can do is provide direction, identify the person you trust to speak for you, and help others understand your wishes when you cannot explain them yourself.
Source
National Institute on Aging, “Advance Care Planning: Advance Directives for Health Care,” Read the full article here.