Frequently Asked Questions

1. What is an "advance directive"?
An advance directive is a legal document which communicates a person's wishes regarding health care and treatment in the event the person is no longer able to make such decisions

2. Must I have an advance directive?
No. The decision to have an advance directive is purely voluntary. No family member, hospital or insurance company can force you to have one, or dictate what the document should say if you decide to write one.

3. Are there different types of advance directives?
Yes. Two types are a durable power of attorney for health care and a living will.

4. What is a "durable power of attorney for health care"?
A durable power of attorney for health care, also known as a health care proxy, is a document in which you give another person power to make medical treatment and related personal care decisions for you.

5. Who is eligible to have a durable power of attorney for health care?You must be at least 18 years old and of sound mind.

6. What is the person to whom I give decision making power called?
The person is known as a "patient advocate."

7. Who may I appoint as patient advocate?
Any person age 18 or older is eligible. Obviously, you should choose someone you trust, who can handle the responsibility, and who is willing to serve.

8. When can the patient advocate act on my behalf?The patient advocate can make decisions for you only when you are unable to participate in medical treatment decisions due to a temporary loss of ability to make or communicate decisions.

9. Who determines that I am no longer able to participate in these decisions?
The doctor responsible for your care and one other doctor will make that determination.

10. What powers can I give a patient advocate?
You can give a patient advocate power to make those personal care decisions you normally make for yourself. For example, you can give your patient advocate power to consent to or refuse medical treatment for you, to contract for home health care or adult day care, arrange care in a nursing home or move you to a home for the aged.

11. Can I give my patient advocate the right to make decisions to withhold or withdraw life sustaining treatment?
Yes, but you must express in a clear and convincing manner that the patient advocate is authorized to make such decisions, and you must acknowledge these decisions could or would allow your death.

12. Can I authorize my patient advocate to decide to withhold or withdraw food and water administered through tubes?
Yes. If you wish to give your patient advocate power to have tube feeding withheld or withdrawn in the event you become terminally ill or permanently unconscious, you should state this in the document or in a living will.

13. Do I have the right to express in the document my wishes concerning medical treatment and personal care?
Yes. You might, for example, express your wishes concerning the type of care you want during terminal illness. You might also express a desire not to be placed in a nursing home and a desire to die at home. Your patient advocate has a duty to try to follow your wishes.

14. Does a patient advocate need to accept the responsibility before acting?
Yes, he or she must sign an acceptance. This does not have to be done at the time you sign the document. Nevertheless, you should speak to the person you propose to name as patient advocate to make sure he or she is willing to serve. You may also appoint a second person to be patient advocate.

15. What if I have no one to appoint as patient advocate?
You can still complete a living will.

16. What is a "living will"?
A "living will" is a written statement in which you inform doctors and family members what type of medical care you wish to receive should you become terminally ill or permanently unconscious, and unable to make or communicate decisions about your continued care.

17. What are the differences between a durable power of attorney for health care and a living will?
The focus of a durable power of attorney for health care is on who makes the decision; the focus of a living will is on what the decision is. Also, a living will is limited to care during terminal illness or permanent unconsciousness; a durable power of attorney for health care can be applicable during temporary disability.

18. Can I have both a durable power of attorney for health care and a living will?
Yes. You could have a single document or two separate documents. If in separate writings, you should make sure your wishes expressed in the two writings are consistent. If in a single document, you should comply with the technical requirements of the durable power of attorney for health care law.

19. What are the technical requirements of a durable power of attorney for health care?
The declaration must be in writing, signed by you, and witnessed by two adults or a Notary Public; or better yet, by two adult witnesses and a Notary Public. There must be a written acceptance by the proxy, in language set forth in the law. There are restrictions on who can be a witness, as indicated on the form.

20. What are the requirements for a living will?
There are no formal requirements for a living will but it is strongly recommended the document be entitled "LIVING WILL"; be dated; signed by you; and signed by two witnesses and a Notary Public.

21. What is the purpose of using witnesses and a Notary Public?
If there is a dispute later, witnesses and a Notary Public can testify that when you signed the document, you did so willingly and without coercion or undue influence.

22. What should I do with an advance directive after it is signed?Give the original to the patient advocate (or at least make sure he or she knows where it is). Give a copy to your doctor and keep a copy yourself. Keep the original of a living will. Give a copy to family members who are close to you, a friend and your doctor. Keep a list of these people. Have the doctor make the document or documents part of your medical record. If you enter a hospital or nursing home, try to see to it that the facility has a copy.

23. When should I review an advance directive?
Since medical technology is constantly changing, and since there may be changes in your outlook, it would be wise to review an advance directive once a year. Upon review, you can decide to keep the document, write a new one, or have no advance directive at all. If you decide to keep the advance directive, you can put your initials and the date on the bottom.

24. What should I do if I write a new advance directive?
Whether you choose a different person to be patient advocate or alter your wishes for care, try to get back all copies of the old document and destroy them. Distribute copies of the new document.

25. What if I change my mind but don't have the opportunity to write a new advance directive?
An advance directive can always be revoked by giving any indication the document does not reflect your present wishes.

Email: info@ovationhealth.com