Advance Directives

An Advance Directive is a document that allows a person to outline their healthcare goals and choose a medical agent to act on their behalf in case they become unable to make decisions for themselves. The form must be notarized or signed with at least two (2) witnesses present. A completion, a copy of the advance directive should be shared with your healthcare provider, and stored in a safe and accessible place for use in the event of an emergency. This document is only used if you are not able to speak for yourself.
*Each state has its own advance directives law(s).

A Living Will applies only if it is your intention to have life-sustaining procedures withheld or withdrawn and you have a terminal condition. It is a directive to your physician. A Durable Power of Attorney for Health Care lets you name an agent to make health care decisions in accordance with your wishes. In this document, you may specify the health care treatments you want or do not want. This document is not restricted to patients with a terminal condition or to decisions about life-sustaining procedures.

A Living Will is a document directing your physician that certain life-sustaining procedures should be withheld or withdrawn if you are in a terminal condition and unable to decide for yourself.

A Durable Power of Attorney for Health Care is a document through which you name another person known as your agent to make health care decisions for you if you are unable to make them.

A life-sustaining procedure is any mechanical or artificial means, which sustains, restores, or replaces a vital body function that would only prolong the dying process for a terminal patient. A mechanical respirator is an example of this. In addition, medication or medical procedures necessary to provide comfort, or ease pain, are not
considered life-sustaining procedures and would not be withheld under a living will.

A terminal condition is an irreversible condition that, without life-sustaining procedures will result in death in a relatively short time or a state of permanent unconsciousness from which there is no likelihood of recovery. The attending physician following consultation with another physician must make the determination of a terminal condition.

A family member or friend who:
• Is at least 18 years old
• Knows you well
• Can be there for you when you need them
• Is willing to learn about your goals and values for health care decisions
• You trust will do what is best for you, and will follow your wishes
• Can make decisions under sometimes stressful situations

Your agent can decide:
• Which doctors, nurses, social workers or other health care team members may provide you care
• Which hospitals or clinics will treat your conditions
• The types of medicines, immunizations/ vaccinations, tests, or treatments you get

Through a Durable Power of Attorney for Health Care, your agent can make all your health care decisions, including decisions that would be covered by a Living Will.
If you know you want life-sustaining procedures withheld or withdrawn when you are in a terminal condition, you may also want to sign a Living Will. This will provide direction to your physician and you will not have to rely on an agent to communicate those wishes. If you are uncertain about which documents would be best for you, contact the hospital social worker, your physician, or attorney for additional guidance.

Contact the Social Worker at Orange City Area Health System and they will be able to provide you with the correct documents you need. You may also request an appointment to get assistance in completing your documents, or to obtain additional information on Advance Directives.

You have the right to cancel your Durable Power of Attorney for Health Care form at any time. You can do this by telling your Health Care Agent or anyone else at any time. You should tell your health care provider and anyone else know who may have received a copy. Your current and valid form will cancel out any older versions. If your spouse is your health care agent, and you get divorced, the power granted to your spouse by this form is revoked. If you would remarry your spouse, this power is reinstated unless you cancel it.

A living will takes effect only when you have a terminal condition and are unable to make decisions.

It is important to discuss your wishes with the person who will be your agent. You may also state your specific wishes on your Durable Power of Attorney for Health Care form. If your agent does not know your wishes, he or she has a duty to act in your best interest considering your condition and prognosis.

It is advisable to name an alternate agent in case the person you appoint becomes unable or unwilling to act on your behalf.

While it is not necessary to consult an attorney for your Advance Directive to be a legally binding document, it may be helpful. Advance Directive forms do not need additional signatures other than the patient, two witnesses, or a notary. Contacting an attorney may help you get gain more clarity on the documents.

These are important personal health care decisions, which require careful consideration. You should talk to your medical provider about the effects of withholding or withdrawing certain treatments in certain situations. Additionally, it is also very important to discuss your decisions with your family, friends, as well as other
advisors, such as spiritual or legal.