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Why Do We Need Advance Directives?

Adults have the right to control their medical treatment as long as they are mentally able to do so. You can choose which course of treatment you would like from those the doctor offers. You can choose the kind of treatment (aggressive, comfort care, or even none), and you can refuse any treatment that you do not want. This right is called informed consent and every state recognizes it. Informed consent means that the doctor or nurse explains the purpose, benefits, risks, and alternatives of the treatment before you decide whether you choose to do it. In most cases, treatment can be given only if you agree to it. Still, this right is not absolute; for example, if you are unable to take in information or give consent and you need immediate or emergency care, the doctor may go ahead with treatment.

It is also generally accepted that a competent (mentally able) adult patient may refuse medical treatment that keeps the patient alive. A competent adult patient may also ask that such treatment be stopped even if he or she dies as a result. Informed consent includes the right to refuse treatment, as well as to agree to it.

As a patient, you can also decide you don't want the right to give your informed consent. You may tell the doctor that you do not want to hear any more about your options. You may choose to have the doctor make your treatment decisions. (See Informed Consent.)

Sometimes, family members make medical decisions for spouses, parents, or adult children who cannot speak for themselves. Whether such an informal arrangement will be accepted depends on the medical provider, and which state you live in. Many U.S. states have passed laws that say which family members (in a listed order of priority) may act on behalf of a person who cannot speak for her or himself.

Even though others may be able to make health care decisions for you without an advance health care directive, an advance directive gives you better odds that your wishes will be carried out. Some types of advance directives contain written directions or guidance about future medical care. Another type of directive lets you choose a proxy (a substitute person, also called an agent or surrogate) to make decisions for you when you cannot make them for yourself.

General information about different advance health care directives, like health care power of attorney, living wills, do-not-resuscitate, and other agreements like these will be reviewed here. These documents apply only to your health care decisions and do not affect financial or money matters. Because the laws on these documents vary by state, you will need to find out about what your state requires. To get more information, you can check some of the sources in the "Additional resources" section.

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

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