Advance Healthcare Directives, Living Wills and Durable Healthcare Powers Flashcards
What is a living will?
States a person’s desires regarding (1) whether to administer withhold or withdraw life-sustaining procedures, (2) whether to provide, withhold or withdraw artificial hydration or nutrition, and (3) whether to provide treatment to alleviate pain
What is a durable healthcare power?
Appoints an agent to make decisions on behalf of the principal, becoming effective on principal’s incapacitation
What formalities are required to create living wills and durable healthcare powers?
Usually they must be in writing and signed by the testator or principal or another at their direction and witnessed by two adults. Most states say the agent cannot serve as a necessary witness. The Uniform Health Care Decisions Act requires no witness.
What capacity is required to create living wills and durable healthcare powers?
Testator/prinicpal must be an adult of sound mind. Capacity is presumed
What are family consent statutes?
The designated agent may still have authority to act even if the durable healthcare power isn’t properly witnessed if the state has a family consent statute permitting a close family member to act as a surrogate decisionmaker for a person who has not properly designated an agent.
How may a living will be revoked?
At any time by (1) obliterating, burning, tearing, or destroying the will (2) a written revocation (3) an oral expression of intent to revoke
How may a durable healthcare power be revoked?
By notifying either the agent or the healthcare provider (oral or written). Some states allow for revocation in the same manner as living wills
Who is eligible to act as an agent under a durable healthcare power?
Anyone except an owner, operator, or employee of the healthcare facility where the principal is receiving care, unless they are related to the principal
What authority does an agent under a durable healthcare power have?
The authority to make healthcare decisions on the principal’s behalf that the principal could have made for themself but for incapacity. The authority is within the discretion of the principal and must be stated in the instrument. If specific powers are not expressed, the agent must act in the principal’s best interest. There is no civil or criminal liability for the agent related to healthcare decisions made in good faith.
