advance health care directives

Question 1

Advance healthcare directives

Answer 1

Living will and durable healthcare power

Question 2

living will

Answer 2

A living will is a statement of an adult individual’s desires w/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.

Question 3

living will - execution

Answer 3

In writing, signed by an adult testator or by another at his discretion.
Most states require 2 adult witnesses, but Uniform Healthcare Decisions Act does not require witnesses.

Question 4

living will - revocation

Answer 4

By any manifestation of intent to revoke at any time before death (including physical act) w/o regard to the principal’s mental or physical condition.

Question 5

durable healthcare power

Answer 5

A durable healthcare power is used by one person (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.

Question 6

durable healthcare power

eligibility to serve as an agent

Answer 6

Any person EXCEPT an unrelated person who is associated w/ the principal’s healthcare facility

Question 7

durable healthcare power

execution

Answer 7

In writing, signed by an adult testator or by another at his discretion.
Most states require 2 adult witnesses, but Uniform Healthcare Decisions Act does not require witnesses.
Agent may not serve as a witness in most states.

Question 8

durable healthcare power

revocation

Answer 8

Unless otherwise stated in the power, by written or oral notice of revocation to either the agent or the principal’s healthcare provider. Also, a durable healthcare power is automatically revoked by the execution of a later durable healthcare power.

Question 9

durable healthcare power

liability

Answer 9

An agent under a durable healthcare power is NOT civilly or criminally liable or subject to discipline for unprofessional conduct for healthcare decisions made in good faith.