Advance Health Care Directives Flashcards
What is a living will (advance health care directive)?
A living will is a statement of an adult individual’s desires with respect to life-sustaining procedures, artificial nutrition or hydration, and pain alleviating treatment when the individual becomes terminally ill or is in a persistent vegetative state (Terri Schiavo)
How is the living will executed?
In writing, signed by an adult testator or by another at his direction. Although the Uniform Healthcare Decisions Act does not require witnesses, most states do. The usual requirement is that there be two adult witness.
How is the living will revoked?
By any manifestation of intent to revoke (including physical act) at any time before death without regard to the principal’s mental or physical condition.
What is a durable healthcare power?
A durable healthcare power is used by one person (the “principal”) to appoint an agent to make healthcare decisions for the principal such as giving consent to medical treatment, accessing principal’s medical records, and admitting or discharging principal from a healthcare facility. The instrument does not become operative until the principal loses capacity. (does not spring to life until the principal becomes incapacitated)
