Living Wills

Question 1

What is an advance directive?

Answer 1

Specifies the patient’s preferences for treatment or
non-treatment should they become incapacitated.

Question 2

What is a durable health-care power of attorney?

Answer 2

Gives a designated agent the power to make health-
care decisions.

Question 3

What is required for an advanced-directive or health-care POA?

Answer 3

1. Signed writing.
2. Witnessed or notarized.

Question 4

What liability does the agent have under a healthcare POA or advanced-directive?

Answer 4

Insulated from liability as long as makes healthcare decisions in good faith.

Question 5

What do healthcare decisions include?

Answer 5

1. Selection of providers.
2. Approval or denial of tests, procedures, etc.
3. Directions to withhold artificial survival & all other healthcare means.

Question 6

How can someone appoint a surrogate?

Answer 6

By informing the healthcare provider.

Question 7

What is the order of priority for a surrogate?

Answer 7

(1) spouse (unless legally separated);

(2) adult child;

(3) parent;

(4) an adult brother or sister; OR

(5) if none of the previous individuals are
available, an adult who

(i) has exhibited special care and
concern for the patient,
(ii) is familiar with the patient’s personal values, and

(iii) is readily available.