07/25/2023
In my work, I am most often asked about advance directives. What are they? How can I complete them? How do I know if they’re legally valid? The confusion is fair- the documents and terminology vary state to state and even within a state, people in the field don’t use the same language when talking about these things. I’ve done a post like this before, but on this topic repetition can never hurt.
‘Advance directive’ is an umbrella term. The documents that fall under that umbrella will vary from state to state. In Arizona (where I’m based), there are 4 documents under this umbrella:
1. Living will: these are your instructions for what you want or don’t want related to your healthcare. You can make this as general or specific as you want and need. Even if you name a power of attorney it’s a good idea to complete a living will to provide specific guidance (in addition to conversations you’ve had with them).
2. Healthcare power of attorney: this is who will speak for you/make decisions about your physical health. You can name a primary and a secondary (or backup). This is a good idea in case your primary refuses or is unreachable, but you aren’t required to list a secondary. *The power of attorney may also be called the proxy, agent, or surrogate. They mean the same thing.
3. Mental healthcare power of attorney: this is who will speak for you/make decisions about your mental and behavioral health (which includes cognitive diseases like dementia). You can name a primary and a secondary (or backup). This is a good idea in case your primary refuses or is unreachable, but you aren’t required to list a secondary. *The power of attorney may also be called the proxy, agent, or surrogate. They mean the same thing.
4. Pre-hospital medical care directive (aka do not resuscitate or orange form): this is the form you complete if you DO NOT want to be resuscitated in the event that your heart or lungs stop. This is the only document that requires the signature of a healthcare provider. This will instruct emergency medical system personnel and emergency department personnel to withhold all resuscitation measures.