FAQ-Advance Directives

Frequently Asked Questions About Advance Directives

FAQ: What is the difference between a Living Will and a Durable Power of Attorney for Healthcare?

A Living Will allows you to give instructions to your doctor and other medical workers as to how much or how little treatment you should receive if you are terminally ill or permanently unconscious. A Durable Power of Attorney for Health Care allows you to appoint someone else to speak to your doctor and make your medical decisions for you at any time when you are too sick to do these things yourself. The Durable Power of Attorney for Health Care includes the end of life decisions of the Living Will.

FAQ: So I really don't need both documents?

Many people choose to have both a Living Will and a Power of Attorney for Health Care. If you choose to have both, be sure the terms are consistent with each other. If they are not, the Living Will provisions will govern. If you have only one advance directive, choose the Durable Power of Attorney for Health Care as it is more comprehensive.

FAQ: Can my agent override my decisions about how I should be treated?

So long as you are competent to make your own medical decisions, your Living Will and Durable Power of Attorney for Health Care have no effect.

FAQ: How will my doctor know if I have advance directives?

You or your agent should provide a copy of your advance directives to your doctor. Hospitals and nursing homes are required by law to ask about advance directives on your admission.

FAQ: How can I trust my children to know when it is time to 'pull the plug?'

This is not an arbitrary decision that your health care agent makes. In order to withdraw life support, at least two doctors must examine you and agree to a 'reasonable degree of medical certainty' that you: (1) 'have a terminal condition that is incurable or irreversible and, without the administration of life-sustaining treatment, is expected to result in death within a relatively short time' and/or (2) 'are in a permanently unconscious persistent vegetative state, which is reasonably concluded to be irreversible.'

FAQ: I have three children. Shouldn't I appoint them all as my agents?

Although your family should certainly discuss health care decisions, naming more than one agent to act at a time could be a mistake. It is possible your children could disagree about your medical care and give contradictory instructions. It is also possible with multiple agents that your doctors might refuse to talk to your agents separately and insist upon a family conference even when only minor decisions need to be made. You would do better to name one child as your agent and list the others as alternates, if the primary agent is unavailable.

FAQ: How can I be sure my agent will manage my medical care as I would like?

Choose an agent who knows you well, understands your wishes and shares your values about quality of life. Talk to your agent about your feelings about medical care and any medical conditions you may now have. Write specific instructions to your agent to let him or her know what is important to you.

FAQ: Must my advance directives be notarized?

To be properly executed, advance directives can either be notarized or be witnessed by two people who know you, but are not a named agent, related by blood, marriage or adoption, or your attending physician or the administrator of a nursing home in which you are receiving care.

Your attorney can explain and prepare advance directives for you. Stock forms are also available at many hospitals and nursing homes, office supply stores and even over the internet. These are important legal documents. Be sure you read and understand your advance directives before you sign.

Prepared By:
Marta J. Williger
Attorney at Law
323-C South Main Street
P.O. Box 368
Munroe Falls, Ohio 44262
(330) 633-7373