Advance Directives
ExpatLegalWills.com
is dedicated to providing services related to advance
directives. Sometimes these are incorrectly referred to as "advanced
directives". Below are some questions and answers related to advance
directives.
What are advance directives?
"Advance directive" is a general term that refers to your oral and written
instructions about your future medical health care, in the event that you become
unable to speak for yourself. Each state, province and country regulates
the use of advance directives differently. There are two types of advance
directives: a living will
(also called a power of attorney for health care, or power of attorney for
healthcare directives, or power of attorney for personal care), and a power of attorney
(also called a durable power of attorney, or enduring power of attorney, or
continuing power of attorney for property, or durable power of attorney for
finances). By specifying your medical advance directives you can decide in
advance what medical treatment you want to receive in the event that you become
physically or mentally unable to communicate your wishes.
Why do I need an advance directive?
Advance directives give you a voice in decisions about your medical care and
financial issues when you are unconscious or too ill to communicate. As long as
you are able to express your own decisions, your advance directives will not be
used and you can accept or refuse any medical treatment. But if you become
seriously ill, you may lose the ability to participate in decisions about your
own treatment and finances.
What are my rights as a patient?
All adults in hospitals, skilled nursing facilities, and health care settings
have certain rights. For example, you have a right to confidentiality of your
personal and medical records and to know what treatment you will receive.
You also have another right. You have the right to prepare a document called
an "advance directive" or sometimes called an "advanced directive". In one
type of advance directive, you state in advance what kind of treatment you want
or do not want if you ever become mentally or physically unable to choose or
communicate your wishes. In a second type, you authorize another person to make
those decisions for you if you become incapacitated. Federal laws requires
hospitals, skilled nursing facilities, hospices, home health agencies and health
maintenance organizations (HMOs) in the United States serving persons covered by
either Medicare or Medicaid to give you information about advance directives and
explain your legal choices in making decisions about medical care.
The law is intended to increase your control over medical treatment
decisions. Be mindful, however, that federal, state and provincial laws
governing advance directives do differ. The health care provider is required to
give to you information about the laws with respect to advance directives for
the country, state or province in which the provider is located. If you reside
in another jurisdiction, you may wish to gather information about your laws from
another source.
What is an Advance Directive?
Generally, an advance directive is a written document you prepare stating how
you want medical decisions made if you lose the ability to make decisions for
yourself. The two most commonly prepared advance directives are:
- a "Living Will" or "Power of Attorney for Health Care" or "Power of
Attorney for Personal Care" (see Living Will);
and
- a "Power of Attorney" or "Durable Power of Attorney" or "Enduring Power
of Attorney", or "Continuing Power of Attorney for Property" or "Durable
Power of Attorney for Finances" (see Power
of Attorney)
The value of an advance directive is that it allows you to state your choices
for health care and financial handling or to name someone to make those choices
for you, if you become unable to make decisions about your medical treatment and
other important decisions. In short, an advance directive regarding your health
care ensures your right to accept or refuse medical care. You can say "yes" to
treatment you want, or "no" to treatment you don't want.
Living Will
A living will generally states the kind of medical care you want (or do not
want) if you become unable to make your own decision. It is called a living will
because it takes effect while you are still living. Most countries, states and
provinces have their own living will forms, each somewhat different. It may also
be possible to complete and sign a preprinted living will form available in your
own community, draw up your own form, or simply write a statement of your
preferences for treatment. You can also include instructions about any treatment
you want to avoid. You may also wish to speak to an attorney or your
physician to be certain you have completed the living will in a way that your
wishes will be understood and followed. Here at
ExpatLegalWills.com, we take
care of all that for you, through our MyLivingWill™
service.
A "Living Will" goes by many different names, depending on your local
jurisdiction. Some examples are: "personal directive", "health care
directive", "power of attorney for personal care", "advance health care
directive", "power of attorney for health care", "power of attorney for
healthcare directives", or just simply "advance directives". Regardless of
what it is called in your area, the
ExpatLegalWills.com
MyLivingWill™ service will format a legal document that is correctly worded
for your local jurisdiction.
Durable Power of Attorney for Finances
In many countries, states and provinces, a durable power of attorney for
finances is a signed, dated, and witnessed paper naming another person, such as
a husband, wife, daughter, son, or close friend, as your authorized spokesperson
to make financial decisions for you if you should become unable to make them for
yourself. Some states have specific laws allowing a power of attorney, and
provide printed forms. Here at
ExpatLegalWills.com, we allow you to create a
durable power of attorney using our MyPowerOfAttorney™ service.
A "Power of Attorney" goes by many different names, depending on your local
jurisdiction. Some examples are: "durable power of attorney", "enduring
power of attorney", "continuing power of attorney for property", or "durable
power of attorney for finances". Regardless of what it is called in your
area, the
ExpatLegalWills.com
MyPowerOfAttorney™
service will format a legal document that is correctly worded for your local
jurisdiction.
Will my wishes be honored if I am not in my country/state/province of
residence?
The law on honoring an advance directive from one country, state or province
to another is unclear. However, because an advance directive specifies your
wishes regarding medical and financial care, it may be honored wherever you are,
if you make it known that you have an advance directive. But if you spend a
great deal of time in a location other than your home jurisdiction, you may wish
to consider having your advance directive meet the laws of both jurisdictions,
as much as possible.
Do I need to prepare an Advance Directive?
You do not have to prepare an advance directive if you do not want one. If
you do prepare one, you have the right to change or cancel it at any time. Any
change or cancellation should be written, signed, and dated in accordance with
your local laws, and copies should be given to your doctor, or to others to whom
you may have given copies of the original. In addition, some localities allow
you to change an advance directive by oral statement.
If you wish to cancel an advance directive while you are in the hospital, you
should notify your doctor, your family, and others who may need to know. Even
without a change in writing, your wishes stated in person directly to your
doctor generally carry more weight than a living will or durable power of
attorney, as long as you can decide for yourself and can communicate your
wishes. But be sure to state your wishes clearly and be sure that they are
understood.
Make sure that someone, such as your lawyer or a family member, knows that
you have an advance directive and knows where it is located. You might also
consider the following:
- If you have a durable power of attorney, give a copy or the original to
your agent or proxy.
- Ask your physician to make your advance directive part of your permanent
medical record.
- Keep a copy of your advance directive in a safe place where it can be
found easily, if it is needed, such as globally on the Internet to your
designated "Keyholders®" at
ExpatLegalWills.com.
- Keep a small card in your purse or wallet stating that you have an
advance directive, where it is located and who your agent or proxy is, if
you have named one.
ExpatLegalWills.com
allows you to order wallet cards
specifically for this purpose.
Who should prepare an Advance Directive?
You may want to consider preparing an advance directive if:
- You want your physician or other health care provider to know the kind
of medical care you want or don't want if you become incapacitated.
- You want to relieve your family and friends of the responsibility, for
making decisions regarding life-prolonging actions.
Does it matter where I live?
Services such as MyFuneral™,
MyLifeLocker™,
MyVault™,
and MyMessages™ do not create legal documents and
make no assumptions about your country of residence.
We have worked extensively to ensure that the legal
documents created by the MyWill™,
MyExpatWill™,
MyPowerOfAttorney™ and
MyLivingWill™ services are up to date
with the laws in all of the states in the United States and the provinces in
Canada, including: Alabama, Alaska, Alberta, Arizona, Arkansas, British
Columbia, California, Colorado, Connecticut, Delaware, District of Columbia,
Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky,
Maine, Manitoba, Maryland, Massachusetts, Michigan, Minnesota, Mississippi,
Missouri, Montana, Nebraska, Nevada, New Brunswick, Newfoundland and Labrador, New Hampshire,
New Jersey, New Mexico, New York, North Carolina, North Dakota, Northwest
Territories, Nova Scotia, Nunavut, Ohio, Oklahoma, Ontario, Oregon,
Pennsylvania, Prince Edward Island,
Québec,
Rhode Island, Saskatchewan, South Carolina,
South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, Washington
D.C., West Virginia, Wisconsin, Wyoming, and Yukon. Hence, these
services can be used to generate legal documents in any state in the United
States with the exception of Louisiana,
and any Canadian Province or Territory,
and in England and Wales in the United Kingdom.
Furthermore, the MyPowerOfAttorney™
service is available for all States in the United States except Louisiana,
and for all Provinces and Territories in Canada.
In the UK, power of attorney forms are provided free of charge by the government.
Note that even in unsupported areas, there is value in stepping through the
wizards provided in these services in preparation for a consultation with an
attorney. It is strongly recommended that residents outside of the above
supported states/provinces/countries seek legal advice even after completing the
wizards. Local laws in these unsupported areas have not been considered in the
structure of the legal documents.
If you have any doubts about the legal standing of any documents in your
jurisdiction, feel free to seek legal counsel in your area to have your
documents reviewed.