There are many different advance health care directive formats. Some follow forms outlined in state laws. Others are created by lawyers or even the patients themselves. State law and the courts decide whether these documents are valid. All states and the District of Columbia have laws about advance health care directives, but the documents may be called different names in different states. There are also restrictions and requirements that vary quite a bit due to differences in state laws.

Most states do not require the use of a specific form, but the states do have legal requirements about what must be included and how the document is set up. Because the words on a form may not be clear and may not reflect your personal wishes, you should review and change the words to clearly state your personal values, priorities, and wishes. You should also know your state's requirements for writing legal advance directives. For example, states define the minimum age required to have a directive. All states also require that at least one adult not related by blood, marriage, or adoption witness your signature and date on the advance directive. Some states require 2 witnesses. You can usually get sample forms for advance directives from your state, state bar association, or from the Caring Connection (part of the National Hospice and Palliative Care Organization.) See the "Additional resources" section for more information.

Before you create an advance directive, you will also want to talk with your doctor, your loved ones, and the person that you choose as your proxy or agent (substitute decision-maker). Tell them about your situation, wishes, and fears. You will need to talk about your choices with them because they are the ones who will help put your wishes into effect if you are unable to do so.

Last Medical Review: 06/15/2009
Last Revised: 06/15/2009