Frequently Asked Questions About Advance Directives
What are end-of-life decisions?
What is a terminal condition?
What is life-sustaining treatment?
- CPR (cardiopulmonary resuscitation) including use of an AED (automated external defibrillator)
- Breathing machines
- Medications such as antibiotics
- Nutrition and hydration (food and liquids) given through feeding tubes or IVs
Comfort measures, which are medicines or procedures used to provide comfort or ease pain, are not usually considered life-sustaining. In some states, tube feedings and IV fluids are considered comfort measures. States have different definitions, so be sure you know what your state says.
When should I make an advance directive?
How will my doctor know that I have an advance directive?
Does the doctor have to follow my advance directive?
- When the decision goes against the individual health care provider’s conscience.
- When the decision is against the health care institution’s policy.
- If the decision violates accepted health care standards.
In such cases, the health care provider or facility must tell you right away. Your health care provider or institution may help you be transferred to another facility that will honor your decisions.
To avoid these situations, it may be beneficial for you to discuss your wishes and values with your health care provider ahead of time and document them. This will help make sure your health care team is clear about what you want and is willing to support your wishes. This will also help make sure that your wishes are within the institution’s health care standards.
Will my advance directive be used if I am taken to the emergency room?
What happens if I don't have an advance directive?
Some states have passed family agency acts that choose which family members (listed in order of priority) may act on behalf of a patient if you don’t have an advance directive. But some states do not have laws that require health care providers to check with family members. Family members (especially those who aren’t close to you) might not know what you would want. Family members might also disagree on certain aspects of your care, which may cause delays or lead to you not getting the care you might have wanted. Sometimes, the courts can appoint a surrogate or proxy. This is someone a judge chooses to make decisions for you if you become unable to make decisions for yourself.
Do I need a lawyer to write my advance directive?
Can I have an advance directive in more than one state?
Does having an advance directive affect the quality of the health care I receive?
Can I have both a living will and a durable power of attorney for health care
?
Can I change my mind about
my advance directive
instructions
?
Is my advance directive valid if I'm at home?
American Bar Association. Myths and facts about health care advance directives. 2018. Accessed at https://www.americanbar.org/groups/law_aging/publications/bifocal/vol_37/issue_1_october2015/myths_and_facts_advance_directives/ on February 26, 2019.
American Hospital Association (AHA). Put it in writing. 2012. Accessed at https://www.aha.org/system/files/2018-01/putitinwriting.pdf on February 19, 2019.
Cancer.net. Putting your health care wishes in writing. 2018. Accessed at https://www.cancer.net/navigating-cancer-care/advanced-cancer/putting-your-health-care-wishes-writing on February 19, 2019.
National Cancer Institute (NCI). End-of-life care for people who have cancer. 2012. Accessed at https://www.cancer.gov/about-cancer/advanced-cancer/care-choices/care-fact-sheet on February 19, 2019.
National Hospice and Palliative Care Organization (NHPCO). Communicate your end-of-life wishes. Accessed at http://www.caringinfo.org/i4a/pages/index.cfm?pageid=3527 on February 19, 2019.
National Institute on Aging (NIA). Advance care planning: Healthcare directives. 2018. Accessed at https://www.nia.nih.gov/health/advance-care-planning-healthcare-directives#what on February 26, 2019.
Last Revised: May 13, 2019
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