An Advanced Health Care Directive is a very important legal document in which a patient can state their wishes as to medical treatment and end-of-life care. This strong tool ensures your healthcare preferences are followed, even if you are unable to do so yourself. At Antanavage Farbiarz, PLLC, we believe in the importance of future planning and protection of your autonomy in making medical decisions
Understanding Advanced Health Care Directives
Advanced Health Care Directive, popularly known as a living will or advance directive, is a document that guides your health care team and loved one when you are unable to make decisions yourself. This legally written document details your preferences regarding medical care, such as emergency treatments and life-sustaining measures.
Components of an Advanced Health Care Directive
An advanced health care directive usually contains three parts:
- Living Will: This section specifies the types of medical treatments you would or would not want in the event of a terminal condition or persistent vegetative state6. It provides clear instructions to healthcare providers about your wishes regarding life-sustaining treatments.
- Health Care Power of Attorney: This part lets you name a person you trust as your health care agent or proxy to make health care decisions for you if you become unable to do so. The agent of your choice will have the authority to access your medical records, advocate on your behalf, and make decisions in accordance with your known wishes.
- HIPAA Authorization: This authorization allows your chosen agents to receive protected health information from the doctor or the hospital so they can make informed decisions on your behalf.
4 Reasons Why Advanced Health Care Directives Matter
There are several reasons why having an Advanced Health Care Directive is important:
- Ensures Your Wishes Are Respected: By stating clearly what your healthcare wishes are, you will have peace of mind in knowing that those wishes will be granted, even when you are unable to state them yourself.
- Reduces Family Stress: An Advanced Health Care Directive may reduce stress for your family because it provides clear guidance during a very difficult time.
- Encourages Autonomy: This is a document that allows you to remain in control with your medical care even when you cannot actively make decisions.
- Avoids Unwanted Treatments: You can, by stating your wishes, ensure that you are not given medical treatments that you do not want.
Legal Basis for Advanced Health Care Directives
Legal underpinning for Advanced Health Care Directives originates from the Patient Self-Determination Act (PSDA) of 1991. This federal law encourages patients to make decisions about their medical care in advance and requires healthcare facilities to provide information about advance directives to patients.
State-Specific Considerations
While federal law provides an outline, it is equally important to note that the laws on Advanced Health Care Directives do vary from state to state. At Antanavage Farbiarz, PLLC, we are able to guide you through the specific requirements in Pennsylvania so that your directive is legally valid and enforceable.
Creating an Advanced Health Care Directive
Creating an Advanced Health Care Directive is a thoughtful process that involves careful consideration of your values, preferences, and medical treatment goals. This important document ensures that your healthcare wishes are respected even if you become unable to communicate them yourself.
The first step in preparing an Advanced Health Care Directive is to reflect deeply on your personal beliefs and quality of life preferences. This introspection helps you clarify your goals for medical care in various scenarios, ensuring that your directive accurately represents your wishes.
Next, it’s crucial to choose a healthcare agent, also known as a healthcare proxy. This trusted individual will be responsible for making medical decisions on your behalf if you’re unable to do so. Select someone who not only understands your wishes but also has the strength to advocate for them in potentially stressful situations.
Once you’ve chosen your agent, engage in open and honest conversations with them, your family members, and your healthcare providers about your preferences. These discussions help ensure that everyone understands your wishes and can support your decisions when the time comes.
After these conversations, work with an experienced attorney to properly document your decisions in a legally binding format. This step is critical to ensure that your Advanced Health Care Directive is valid and enforceable.
Finally, remember that creating an Advanced Health Care Directive is not a one-time event. Life circumstances and preferences can change over time, so it’s important to review and update your directive periodically. This regular review ensures that your document always reflects your current wishes and remains relevant to your life situation.
The Role of the Healthcare Provider
Healthcare institutions must also play their part. The PSDA requires hospitals, nursing facilities, and other providers with federal funding to do the following:
- Provide patient information concerning their rights to accept, decline or retract medical treatment.
- Inquire about any prior Advanced Health Care Directive
- Honor the patient’s wishes as stated in their directive
- Never discriminate against patients because they do or do not have an Advanced Health Care Directive
Advanced Care Planning and Medicare
It is important to note that Medicare Part B covers voluntary advance care planning as part of the annual “Wellness” visit. This coverage allows beneficiaries to discuss their wishes with their healthcare provider and receive guidance on completing an Advanced Health Care Directive.
An Advanced Health Care Directive is a critical document to make sure your wishes about healthcare are preserved and your autonomy is maintained, even in the most difficult of circumstances. It is the goal of Antanavage Farbiarz Attorneys at Law to help all our clients in creating comprehensive Advanced Health Care Directives that reflect their values and preferences.
By taking the time to create an Advanced Health Care Directive, you can provide invaluable guidance to your loved ones and healthcare providers, ensuring that your medical care aligns with your personal beliefs and wishes.
The compassionate team at Antanavage Farbiarz is here to help. Reach out today to learn how our seasoned attorneys can assist you in creating a robust Advanced Health Care Directive tailored to your unique needs. Our family is here for your family – give us a call at (610) 562-2000 or click here to schedule a consultation.
Stay up to date with the latest tips from Antanavage Farbiarz, PLLC by following us on Facebook and LinkedIn.
