attorney<\/a> for health care, you\u2019ll want to provide your agent with a copy of your AHCD. <\/span><\/p>\nIn addition, consider giving a copy to family members who are close by and likely to be in a position to see that your wishes are carried out. And you\u2019ll want to take a copy with you when you travel. <\/span><\/p>\nYou may also want to put a card in your wallet stating the name of your health care agent (if you have one) and where your AHCD (and health care power of attorney) can be found.<\/span><\/p>\nCan I cancel or change my AHCD? How?<\/span><\/h2>\nYes, you can revoke or change your AHCD at any time. You should review your AHCD periodically to make sure it still expresses your wishes. Especially appropriate times to review your AHCD are before you enter the hospital for treatment, when you are diagnosed with a serious illness and if your marital status changes.<\/span><\/p>\nState laws typically provide that you can revoke your AHCD by destroying the original, signing and dating a written revocation, or executing a new AHCD that is inconsistent with the old one. <\/span><\/p>\nThe safest practice is to destroy the original and execute a written revocation or a new AHCD stating your current desires. Then you should be sure to give the new document to everyone to whom you gave a copy of your old AHCD, i.e., your doctors, hospital or care facility, health care agent, and family members.<\/span><\/p>\nYou can also revoke your AHCD by telling your care providers that you no longer want them to follow it.<\/span><\/p>\nWill my doctor honor my AHCD?<\/span><\/h2>\nYour doctor is not required to honor your AHCD. Your doctor may refuse to follow your instructions if he or she has moral, religious, or ethical objections or believes it would not be consistent with sound medical practice. Your AHCD merely gives your doctor immunity from liability for following your directions.<\/span><\/p>\nThere are some things you can do to increase the chances that your doctor will honor your AHCD.<\/span><\/p>\n\n- First, discuss your wishes with your doctor and seek assurances that he or she will follow them. <\/span><\/li>\n
- Second, make sure your doctor has a copy. <\/span><\/li>\n
- Third, make sure your family members are aware of your wishes and give them a copy of your AHCD. <\/span><\/li>\n
- Finally, execute a durable power of attorney for health care naming an agent to make decisions for you. Make sure your agent knows your wishes and is prepared to advocate for you.<\/span><\/li>\n<\/ul>\n
What is a health care durable power of attorney (DPOA)?<\/span><\/h2>\nA health care durable power of attorney is a document in which you name a person to make health care decisions for you when you are not able to make your own decisions. Depending on where you live, the person may be called your health care agent, surrogate, proxy, or representative.<\/span><\/p>\nWho can make a health care DPOA?<\/span><\/h2>\nAny mentally competent adult can make a health care DPOA.<\/span><\/p>\nWhat are the requirements for a health care DPOA?<\/span><\/h2>\nEvery state has its own requirements. Some states provide a form, which may or may not be mandatory. <\/span><\/p>\nTypically a health care DPOA must be in writing signed by you and notarized or witnessed by two competent adults. <\/span><\/p>\nCertain persons may be disqualified as witnesses, such as:<\/span><\/p>\n\n- relatives<\/span><\/li>\n
- beneficiaries of your estate<\/span><\/li>\n
- the person named in the health care DPOA as your agent<\/span><\/li>\n
- your health care providers<\/span><\/li>\n<\/ul>\n
Whom should I name as my health care agent?<\/span><\/h2>\nFirst, you should name a person with whom you can comfortably discuss your wishes for medical care and end-of-life treatment. This should be a person who is willing and able to listen to you and capable of understanding your wishes. Having a frank discussion with your agent (and with your doctor) is probably the most important thing you can do to ensure your wishes will be followed.<\/span><\/p>\nSecond, you want to name a person whom you trust to carry out your instructions.<\/span><\/p>\nThird, you should name a person who is nearby, if possible, and will be readily available to discuss your needs with your health care providers.<\/span><\/p>\nFourth, you want to choose someone who is assertive. You want someone who can articulate your wishes to healthcare providers and firmly insist they be carried out in the face of possible resistance from healthcare providers and family members.<\/span><\/p>\nPeople usually choose a spouse or an adult child or sibling. However, your agent need not be a relative. <\/span><\/p>\nA trusted close friend can be an excellent choice. <\/span><\/p>\nIf you have named an individual as your agent for financial decisions in a durable power of attorney, you may want him or her to also serve as your health care agent.<\/span><\/p>\nCan I name my doctor as my health care agent?<\/span><\/h2>\nNo. State law generally precludes you from naming your doctors or any other health care providers or employees of your health care providers or of the hospital or other facility at which you receive care.<\/span><\/p>\nShould I name more than one agent?<\/span><\/h2>\nYou should consider naming an alternate agent who will serve if the first person you designate is unable to serve as your agent. <\/span><\/p>\nNaming two agents to serve together is generally not a good idea. It creates the possibility of disagreements that may confuse health care providers, cause delays, and need to be resolved in court.<\/span><\/p>\nWhat types of decisions can my health care agent make?<\/span><\/h2>\nYou can decide what decisions you want your health care agent to make. You can give your health care agent broad authority to make virtually all health care decisions for you if you are unable to make them for yourself. Or you can limit the agent\u2019s power. Some people limit their agent\u2019s power to the instructions on their CDs.<\/span><\/p>\nWith broad powers, your health care agent will be able to:<\/span><\/p>\n\n- Access your medical records.<\/span><\/li>\n
- Decide in which medical facilities you will receive care.<\/span><\/li>\n
- Choose your health care providers.<\/span><\/li>\n
- Visit you when you are in a hospital or medical facility<\/span><\/li>\n
- Consent to or refuse most types of medical and mental health treatment.\u00a0<\/span><\/li>\n<\/ul>\n
State law may provide that certain treatments cannot be authorized by your health care agent. These typically include abortion and some extreme mental health treatments. Your agent also cannot authorize treatment or withdrawal of treatment in conflict with your AHCD. <\/span><\/p>\nFurthermore, your agent must make your health care decisions according to the agent\u2019s knowledge of your wishes, which is why it\u2019s so important for you to have a candid discussion with him or her. If the agent does not know your wishes, the agent must base the health care decisions on your best interests.<\/span><\/p>\nSo long as you have full confidence in your agent, consider giving him or her broad powers to make decisions for you, as it can be difficult to foresee what anyone\u2019s medical needs may be in the future. Giving your agent full authority may reduce the chances of having the issue end up in court.<\/span><\/p>\nIf I execute a health care DPOA, will I be giving up the right to make my own decisions? In other words, does my health care DPOA go into effect as soon as I sign it?<\/span><\/h2>\nNo, you do not give up your right to make your own health care decisions when you execute a health care DPOA. <\/span><\/p>\nYour agent cannot make health care decisions for you until your doctor certifies that you are incompetent. <\/span><\/p>\nIncompetent means that you lack the ability to understand the consequences of a treatment decision, including its risks, benefits, and possible alternatives.<\/span><\/p>\nWho will make medical decisions for me if I don\u2019t have a health care DPOA?<\/span><\/h2>\nIf you do not have a health care DPOA, family members will determine who makes medical decisions for you if you are not able to make them for yourself. As a general rule, the authority goes in order to your spouse, adult children, parents, and then to your nearest living relative.<\/span><\/p>\nIf you want a non-relative to make your health care decisions, you will need a health care DPOA. Furthermore, a health care DPOA can serve as a tie-breaker if your family members do not agree with your treatment.<\/span><\/p>\nCan I cancel or change my health care DPOA? How?<\/span><\/h2>\nYes, you can revoke or amend your health care DPOA at any time. State law typically provides that you can revoke your health care DPOA by destroying the original, signing and dating a written revocation, or executing a new health care DPOA that is materially different from the preceding one.<\/span><\/p>\nThe safest practice is to destroy the original and execute a written revocation or a new DPOA expressing your current desires. Then you should be sure to give the new document to your current agent and alternate, your doctor, and the hospital or care facility.<\/span><\/p>\nYou can also revoke your health care DPOA by stating your intention to revoke it. A divorce would revoke your health care DPOA if you named your former spouse as your agent.<\/span><\/p>\n