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Free Living Wills

I am providing some generic information regarding advance directive health care forms along with links to forms used in various states. You will notice the type of forms vary from state to state. A Living Will is different from a Health Care Power of Attorney in that the Living Will does not appoint another person to speak for you. It speaks for you in writing. While a Health Care Power of Attorney can include written instructions for your patient advocate to follow, the choices do not have to be included for the Health Care Power of Attorney to be used. If a Living Will also includes your choice as patient advocate, it automatically becomes a Health Care Power of Attorney and must follow the state law requirements for witnesses, required language, etc. This information will be updated from time-to-time with more forms and other information.

The following disclosure is from The People's Lawyer webpage entitled Death and Dying by Professor Richard M. Alderman of the University of Houston Law Center:

Disclosure Statement For
    Medical Power Of Attorney For Health Care
INFORMATION CONCERNING THE MEDICAL POWER OF
ATTORNEY FOR HEALTH CARE

THIS IS AN IMPORTANT LEGAL DOCUMENT. BEFORE SIGNING THIS DOCUMENT, YOU SHOULD KNOW THESE IMPORTANT FACTS:

Except to the extent you state otherwise, this document gives the person you name as your agent the authority to make any and all health care decisions for you in accordance with your wishes, including your religious and moral beliefs, when you are no longer capable of making them yourself. Because "health care" means any treatment, service, or procedure to maintain, diagnose, or treat your physical or mental condition, your agent has the power to make a broad range of health care decisions for you. Your agent may consent, refuse to consent, or withdraw consent to medical treatment and may make decisions about withdrawing or withholding life-sustaining treatment. Your agent may not consent to voluntary inpatient mental health services, convulsive treatment, psychosurgery, or abortion. A physician must comply with your agent's instructions or allow you to be transferred to another physician.

Your agent's authority begins when your doctor certifies that you lack the competence to make health care decisions.

Your agent is obligated to follow your instructions when making decisions on your behalf. Unless you state otherwise, your agent has the same authority to make decisions about your health care as you would have had.

It is important that you discuss this document with your physician or other health care provider before you sign it to make sure that you understand the nature and range of decisions that may be made on your behalf. If you do not have a physician, you should talk with someone else who is knowledgeable about these issues and can answer your questions. You do not need a lawyer's assistance to complete this document, but if there is anything in this document that you do not understand, you should ask a lawyer to explain it to you.

The person you appoint as agent should be someone you know and trust. The person must be 18 years of age or older or a person under 18 years of age who has had the disabilities of minority removed. If you appoint your health or residential care provider (e.g., your physician or an employee of a home health agency, hospital, nursing home, or residential care home, other than a relative), that person has to choose between acting as your agent or as your health or residential care provider; the law does not permit a person to do both at the same time.

You should inform the person you appoint that you want the person to be your health care agent. You should discuss this document with your agent and your physician and give each a signed copy. You should indicate on the document itself the people and institutions who have signed copies. Your agent is not liable for health care decisions made in good faith on your behalf.

Even after you have signed this document, you have the right to make health care decisions for yourself as long as you are able to do so and treatment cannot be given to you or stopped over your objection. You have the right to revoke the authority granted to your agent by informing your agent or your health or residential care provider orally or in writing or by your execution of a subsequent medical power of attorney. Unless you state otherwise, your appointment of a spouse dissolves on divorce.

This document may not be changed or modified. If you want to make changes in the document, you must make an entirely new one. You may wish to designate an alternate agent in the event that your agent is unwilling, unable, or ineligible to act as your agent. Any alternate agent you designate has the same authority to make health care decisions for you.

THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS SIGNED IN THE
PRESENCE OF TWO COMPETENT ADULT WITNESSES. THE
FOLLOWING PERSONS MAY NOT ACT AS ONE OF THE WITNESSES:
(1) the person you have designated as your agent;
(2) a person related to you by blood or marriage;
(3) a person entitled to any part of your estate after your death under a will or codicil executed by you or by operation of law;
(4) your attending physician;
(5) an employee of your attending physician;
(6) an employee of a health care facility in which you are a patient if the employee is providing direct patient care to you or is an officer, director, partner, or business office employee of the health care facility or of any parent organization of the health care facility; or
(7) a person who, at the time this power of attorney is executed, has a claim against any part of your estate after your death.

The information contained herein is not guaranteed to be accurate. We are not attorneys, and although these forms may have been prepared by an attorney or a state legislature, you should consult your own attorney before executing any of these documents.

Alabama Living Will and Health Care Proxy

Alaska Sample

Alaska Advanced Health Care Directive

Arkansas Living Will & Health Care Proxy

Arizona Living Will Sample

Arizona Health Care Power Of Attorney Sample

Arizona Mental Health Care Power Of Attorney Sample

California Advance Health Care Directive

Colorado Living Will

Connecticut Living Will

Delaware Advance Health Care Directive

District Of Columbia Advance Directive

Florida Living Will

Georgia Living Will

Hawaii Advance Directive

Idaho Living Will and Durable Power Of Attorney For Helath Care

Illinois Living Will Form & Power Of Attorney For Health Care Form

Illinois Health Care Surrogate Act

Illinois Living Will Act

Illinois Health Care Power Of Attorney General Information

Indiana Living Will

Iowa Durable Power Of Attorney For Health Care

Kansas Advance Directive

Kentucky Living Will

Louisiana Living Will and Power Of Attorney For Healthcare Decisions

Maine Advance Directive

Maryland Advance Health Care Directive

Massachusetts Advance Directive - The State of Massachusetts does not specifically have a Living Will or Advance Medical Directive statute. A valid Massachusetts Health Care Proxy or valid equivalent advance directive from another state shall be honored in accordance with Massachusetts and federal law. Other types of documents, such as living wills, may be used to assist with determination of the patient’s wishes, but are not legally binding on caregivers under Massachusetts’s law.

Michigan Living Will & Health Care Power Of Attorney Information

Minnesota Health Care Directive and Statutory Health Care Living Will

Mississippi Advance Health-Care Directive

Missouri Durable Power Of Attorney For Health Care and Health Care Directive

Montana Living Will

Nebraska Living Will

Nevada Living Will

New Jersey Advance Directives for Health Care

New Hampshire Durable Power Of Attorney For Health Care and Living Will

New Mexico Advance Health Care Directive

New York - Living Will

North Carolina Health Care Power Of Attorney and Living Will

North Dakota Health Care Directive

Ohio Living Will & Health Care Power Of Attorney

Oklahoma Advance Directive For Health Care

Oregon Advance Directive

Pennsylvania Living Will or Durable Power of Attorney for Health Care

Rhode Island Durable Power Of Attorney For Health Care and Living Will

South Carolina Health Care Power Of Attorney and Living Will

South Dakota Living Will

Tennessee Advance Care Plan, Appointment Of Health Care Agent, Physician Orders
For Scope Of Treatment
, and Appointment Of Surrogate

Texas Advance Health Care Directive

Texas Medical Power of Attorney

Texas Out-of-Hospital Do-Not-Resuscitate Order

Utah Advance Directive and Power Of Attorney For Health Care

Vermont Advance Directive For Health Care

Virginia Advance Directive

Washington Durable Power Of Attorney For Health Care and Health Care Directive

West Virginia Medical Power Of Attorney and Living Will

Wisconsin Advance Directive - Power of Attorney for Healthcare and Living Will

Wyoming Advance Directive

Generic Living Will

Posted by Rick | August 31, 2005 02:40 AM

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