“There are also nonhospital DNR orders for homebound, terminally ill people,” McAndrews says. “These orders authorize medical personnel to honor advance directives when called to the home of a dying person. Check your state laws because not all states allow them.”
Selecting someone to make decisions
A living will doesn’t necessarily let you choose someone to make decisions for you. That’s the function of the durable power of attorney for health care, which names your health care proxy or agent. Your proxy is someone you trust to make health decisions if you are unable to do so.
“This document can also be known as a medical power of attorney or health care power of attorney,” McAndrews says. “Don’t confuse it with a traditional or financial power of attorney. A durable power of attorney for health care deals strictly with medical issues and is effective only while you are incapacitated.”
There are many benefits to appointing a health care agent. “A proxy will be able to make flexible decisions for unanticipated situations that might not be addressed in your living will,” McAndrews says.
Writing the documents
Advance directives do not have to be complex legal documents. “You can personalize your documents however you want,” Morris says. Use a form provided by your doctor, call your health department or state department on aging to get a form, write your wishes down yourself, or consult a lawyer.
“Be careful of documents you download from the Internet, unless they are directly from your state’s website,” McAndrews says.
After you’ve written your documents have them reviewed by your doctor or lawyer to make sure your directives are understood exactly as you intended.
Check your state laws to finalize your documents. “Have your advance directives witnessed and notarized according to your state requirements,” McAndrews says. “And if you spend a significant amount of time in another state, you should consider having two sets of documents.”
Changing your advance directives
You may change or cancel your advance directives at any time. Again, your changes must be signed, witnessed, and notarized according to your state laws.
“Altering the original document by scratching out information and putting your initials will invalidate it,” McAndrews says. “Add an addendum or attachment for simple changes like addresses, but if you are changing medical information, it’s best to formulate a new document.”
If you wrote your documents years ago, keep them current. “People should update their documents every five years or when there is a medical or major life-situation change,” McAndrews says.
Make it accessible
No matter how much time you spend preparing your documents, they can’t be used if they can’t be found. Keep original copies, but make additional copies for your doctor, proxy, and anyone else you think may need them. If you are homebound, keep copies where they are easily visible.
“We encourage our patients to have their documents in as many places as necessary,” Morris says, “including their electronic medical record, if available.”
Resist the temptation to lock away your original copies. “Advance directives should never be kept in a safe deposit box,” McAndrews says. “Accessibility is the key to having your wishes honored.”
Important points to remember
■Keep up-to-date about new li
fe-sustaining measures and technologies.
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Know your states laws and regulations—especially witnessing and notarizing requirements.
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Keep your original signed documents in an accessible place.
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Give your doctor, proxy, and any other necessary people copies of your documents.
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Update/revise your documents every five years or as necessary for medical or life changes.