In most cases, you do not need a specific form to create an advance directive An advance directive is a legal document that outlines how you want medical and financial decisions made if you can no longer communicate your wishes. A health care advance directive may include a health care proxy, living will, and a health care power of attorney. or living will A living will is a written record of the type of medical care you would want in specific circumstances. It can be used to make treatment decisions if you can no longer communicate your wishes because you are incapacitated by a temporary or permanent injury or illness. Living wills usually take effect after your doctor certifies that you are incapacitated and nearing the end of life. If you have appointed a health care proxy, they should use your living will to make medical decisions on your behalf. , or to make someone your health care proxy A health care proxy is a legal document that names someone you trust as your proxy, or agent, to express your wishes and make health care decisions for you if you are unable to speak for yourself. or grant them power of attorney A power of attorney is a legal document that lets you (the principal) appoint another person(s) (your agent or attorney in fact) to make decisions on your behalf. The specific terms of the power of attorney will describe what types of decisions the agent can make, including decisions about property, financial matters, health care, etc. The terms also determine how long the power of attorney lasts—a durable power of attorney is one that remains in effect if you are incapacitated. . However, your documents should:
- Comply with any rules in your state
- Cover all the issues that are important to you
Make sure to discuss the contents of any future care documents with family members, health care providers, and anyone else you feel should know. You should give your providers a copy and may want to provide copies to others. You should also bring a copy to the hospital each time you are admitted, if possible.
Resources for help
For help creating these documents or information on how to comply with your state’s rules, you can contact:
- Your state’s attorney general office or department of health: Many state agencies post state-specific advance directive forms on their websites. If no form is posted, call and ask where to get one.
- The National Hospice and Palliative Care Organization (NHPCO): This nonprofit focuses on end-of-life issues and provides state-specific advance directive forms for all 50 states and Washington, DC.
- The American Bar Association Commission on Legal Problems of the Elderly
- Your state bar association
- Your local hospital
Note: Some organizations suggest that you compare the generally accepted advance directive form from your state against at least one or two forms from other sources. This is because you may find that one form provides instructions for a particular medical circumstance that another does not. Generally, though, if you find a form that works well for you, use it. You may also decide to combine information from several forms into one document.
You do not need a lawyer to create an advance directive, living will, or health care proxy. However, you may want legal assistance if you have unusual wishes or there are disagreements among family members. You should consult a lawyer to obtain a power of attorney document that appoints a trusted individual to make decisions about your finances.
Appointment of representative forms
You may also want to appoint a representative to help you when speaking to Medicare Medicare is the federal government health insurance program that provides health care coverage if you are 65 or older, are under 65 and receive Social Security Disability Insurance (SSDI) for 24 months, begin receiving SSDI due to ALS/Lou Gehrig’s Disease, or have End-Stage Renal Disease (ESRD) no matter your age. You can receive health coverage directly through the federal government (see Original Medicare) or through a private company (see Medicare Advantage). or Social Security, or to call them on your behalf. Use the following forms to appoint a representative: