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. Whenever I am unable to decide or speak for myself, my health care agent has the power to:
(A) Make any health care decision for me. This includes the power to give, refuse, or
withdraw consent to any care, treatment, service, or procedures. This includes deciding whether to stop or not start health care that is keeping me or might keep me alive, and deciding about intrusive mental health treatment.
(B) Choose my health care providers.
(C) Choose where I live and receive care and support when those choices relate to my
health care needs.
(D) Review my medical records and have the same rights that I would have to give my
medical records to other people.
If I DO NOT want my health care agent to have a power listed above in (A) through (D) OR if I want to LIMIT any power in (A) through (D), I MUST say that here:
______________________________________________________________________
My health care agent is NOT automatically given the powers listed below in (1) and (2). If I WANT my agent to have any of the powers in (1) and (2), I must INITIAL the line in front of the power; then my agent WILL HAVE that power.
______ (1) To decide whether to donate any parts of my body, including organs, tissues, and eyes, when I die.
______ (2) To decide what will happen with my body when I die (burial, cremation).
If I want to say anything more about my health care agent’s powers or limits on the powers, I can say it here: ________________________________________________________________________
PART II: HEALTH CARE INSTRUCTIONS
NOTE: Complete this Part II if you wish to give health care instructions. If you appointed an agent in Part I, completing this Part II is optional but would be very helpful to your agent. However, if you chose not to appoint an agent in Part I, you MUST complete some or all of this Part II if you wish to make a valid health care directive.
These are instructions for my health care when I am unable to decide or speak for myself.
These instructions must be followed (so long as they address my needs).
THESE ARE MY BELIEFS AND VALUES ABOUT MY HEALTH CARE
(I know I can change these choices or leave any of them blank)
I want you to know these things about me to help you make decisions about my health care:
My goals for my health care: ________________________________________________________________________________________________________________________________________________
My fears about my health care: ________________________________________________________________________________________________________________________________________________
My spiritual or religious beliefs and traditions: ________________________________________________________________________________________________________________________________________________
My beliefs about when life would be no longer worth living:
________________________________________________________________________________________________________________________________________________
My thoughts about how my medical condition might affect my family:
________________________________________________________________________________________________________________________________________________
THIS IS WHAT I WANT AND DO NOT WANT FOR MY HEALTH CARE
(I know I can change these choices or leave any of them blank) Many medical treatments may be used to try to improve my medical condition or to prolong my life. Examples include artificial breathing by a machine connected to a tube in the lungs, artificial feeding or fluids through tubes, attempts to start a stopped heart, surgeries, dialysis, antibiotics, and blood transfusions. Most medical treatments can be tried for a while and then stopped if they do not help. I have these views about my health care in these situations: (Note: You can discuss general feelings, specific treatments, or leave any of them blank)
If I had a reasonable chance of recovery, and were temporarily unable to decide or speak
for myself, I would want:
________________________________________________________________________________________________________________________________________________
If I were dying and unable to decide or speak for myself, I would want:
________________________________________________________________________________________________________________________________________________
If I were permanently unconscious and unable to decide or speak for myself, I would want:
________________________________________________________________________________________________________________________________________________
If I were completely dependent on others for my care and unable to decide or speak for
myself, I would want: …..
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