Advance Directives
Have you ever had difficulty conveying your choices about treatment to doctors or other medical professionals? Now imagine being incapacitated and unable to speak. In this situation, an Advance Directive can be your voice so your desires are known and respected even if you are unable to express them yourself. They are the official, legal way to clearly describe your medical choices to anyone involved in your treatment. They are not simply “pull the plug” orders, but are meant to be tailored to describe precisely the things you do and do not want to happen to you when you are ill and unable to talk to your doctors about your course of treatment.
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Advance Directives laws differ from state to state. Select a state below for more specific information about that states practices regarding Advance Directives.
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Alabama |
Illinois |
Montana |
Rhode Island |
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Alaska |
Indiana |
Nebraska |
South Carolina |
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Arizona |
Iowa |
Nevada |
South Dakota |
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Arkansas |
Kansas |
New Hampshire |
Tennessee |
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California |
Kentucky |
New Jersey |
Texas |
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Colorado |
Louisiana |
New Mexico |
Utah |
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Connecticut |
Maine |
New York |
Vermont |
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Delaware |
Maryland |
North Carolina |
Virginia |
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District of Columbia |
Massachusetts |
North Dakota |
Washington |
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Florida |
Michigan |
Ohio |
West Virginia |
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Georgia |
Minnesota |
Oklahoma |
Wisconsin |
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Hawaii |
Mississippi |
Oregon |
Wyoming |
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Idaho |
Missouri |
Pennsylvania |
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In an Advance Directive, you can specify both the kinds of treatment you want and the kinds you don't want no matter how ill you are. They can, for instance, address whether you want to be resuscitated if your breathing or heartbeat fails. They can also specify whether you want doctors to use dialysis, breathing machines, or feeding tubes to keep you alive.
Advance Directives laws differ from state to state. It's highly important to be aware of the laws of your state when preparing your Advance Directive. While all states recognize some type of Advance Directive, the scope and format of those directives, as well as the formal steps required to make an Advance Directive, can be very different from state to state. Bearing this in mind when creating your Advance Directive is important if you happen to be hospitalized outside of the state where you formally established the document, especially since when there is an inter-state conflict, the hospital's state where treatment occurs rather than the state where the document was created and signed will have the power to interpret the instructions as they choose. A lawyer who is familiar with Advance Directives can help ensure that your document has the greatest portability across state lines.
While not strictly necessary, the help of an experienced lawyer when creating your Advance Directive can smooth the process and leave you completely confident that you've covered all your bases. A lawyer can help you identify the implications of an illness you currently have and potential medical issues that may arise, as well as help to manage the forms and clarify the writing to best express your personal desires regarding treatment and health care. Having a lawyer's help can be essential in some special cases, for example if there is a conflict between your wishes and your family's.
End of Life Care
Types of Advance Directives
Advance Directives Help Clarify Patient Wishes