Living wills and health care directives – what is involved?
Posted By Health on November 28, 2010
The following is an example of a Health Care Directive (many people still refer to this as a Living Will). It is broken down into 3 basic parts. 1) Appointment of the Health Care Agent. 2) Health Care Instructions. 3) Making the Document Legal. Like most legal documents, it can be a bit confusing and overwhelming. The purpose for making this easily available to the public is simple. To help people know what to expect before contacting a lawyer and having him or her draft a directive for them. Nobody likes thinking about their demise or incapacity. However, dealing with such issues is a necessary part of life.
This example should not be used as a substitute for getting solid legal advice from a licensed attorney. Every individual is different. Please consult a lawyer in your area to discuss your specific estate planning needs.
HEALTH CARE DIRECTIVE
I, ___________________________________, understand this document allows me to do One or both of the following:
PART I: Name another person (called the health care agent) to make health care decisions for me if I am unable to decide or speak for myself. My health care agent must make health care decisions for me based on the instructions I provide in this document (Part II), if any, the wishes I have made known to him or her, or must act in my best interest if I have not made my health care wishes known.
And/or
PART II: Give health care instructions to guide others making health care decisions for me. If I have named a health care agent, these instructions are to be used by the agent. These instructions may also be used by my health care providers, others assisting with my health care and my family, in the event I cannot make decisions for myself.
PART I: APPOINTMENT OF HEALTH CARE AGENT
This is who I want to make health care decisions for me if I am unable to decide or speak for myself (I know I can change my agent or alternate agent at any time and I know I do not have to appoint an agent or an alternate agent)
NOTE: If you appoint an agent, you should discuss this health care directive with your agent and give your agent a copy. If you do not wish to appoint an agent, you may leave Part I blank and go to Part II.
When I am unable to decide or speak for myself, I trust and appoint ___________________ to make health care decisions for me. This person is called my health care agent. Relationship of my health care agent to me: ___________________
Telephone number of my health care agent: _________________________
Address of my health care agent: _________________________
(OPTIONAL) APPOINTMENT OF ALTERNATE HEALTH CARE AGENT: If my health care agent is not reasonably available, I trust and appoint _________________ to be my health care agent instead. Relationship of my alternate health care agent to me: ___________________________Telephone number of my alternate health care agent: ___________________________ Address of my alternate health care agent: ___________________________
THIS IS WHAT I WANT MY HEALTH CARE AGENT TO BE ABLE TO
DO IF I AM UNABLE TO DECIDE OR SPEAK FOR MYSELF (I know I can change these choices)
My health care agent is automatically given the powers listed below in (A) through (D).
My health care agent must follow my health care instructions in this document or any other instructions I have given to my agent. If I have not given health care instructions, then my agent must act in my best interest.
