An advance directive for healthcare provides the agent with the authority for making healthcare decisions for the individual when they are no longer able to make their own decisions. This documents is sometimes abbreviated as the POAHC or power of attorney for healthcare. This can be permanent or temporary. A temporary situation may be post surgery when the individual is under anesthesia or drugs that make them incapable of making decisions. A permanent situation may be an individual who is in a coma from a stroke and decision making is permanently impaired. The agent is not able to make decisions if the individual is capable of making their own safe decisions. Each State defines when the decision maker may be called upon to set in. The language of the advance directive may be specific or general depending on the State’s documents.
The advance directive should only designate one person in the agent role. Some States do not allow more than one equal decision maker. There is often the ability to designate a secondary decision maker or successor agent if the primary agent is no longer able to make decisions. This is a wise situation if the agent is ill, has died or no longer wishes to have the decision making authority. Most advance directive documents have an area for identification of a successor agent.
The healthcare providers must have access to these documents for direction. They will not take your word about who the agent is and what the individual wants. They will do everything to keep the individual alive if they do not have the advance directive available. Do not assume that the hospital has a copy of the advance directive. Bring a copy to each hospital or emergency room visit. Make sure that all of your physicians and healthcare providers also have a copy.
If the individual lives an extended period of time in more than one State, an elder law attorney should be contacted to make sure that the documents can be consistently applied to all jurisdictions. This is often the case when the senior is a “snow bird” going south for the winter.
In most States, preparing an advanced directive for healthcare does not require the assistance of an attorney. Many States require one or more witness signatures. The treating healthcare provider is often acceptable as a witness. Some States require that the document be notarized. Check with your State to see the requirements.