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:
- 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.
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
Illinois Health Care Surrogate Act
Illinois Living Will Act
Illinois Health Care Power Of Attorney General Information
Indiana Living Will
Kansas Advance Directive
Kentucky Living Will
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.
Mississippi Advance Health-Care Directive
Montana Living Will
Nebraska Living Will
Nevada Living Will
New Jersey Advance Directives for Health Care
New Mexico Advance Health Care Directive
New York - Living Will
North Dakota Health Care Directive
Oklahoma Advance Directive For Health Care
Oregon Advance Directive
South Carolina Health Care Power Of Attorney and Living Will
South Dakota Living Will
Virginia Advance Directive
West Virginia Medical Power Of Attorney and Living Will
Wyoming Advance Directive
Posted by Rick | August 31, 2005 02:40 AM