Advance Health Care Directives

By Terry Douglas, Maryland Elder Law Attorney

Douglas Law Office

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Advance Health Care Directives

Only 38% of adults in the U.S. have an advance health care directive.

Let's say that Jack and Rosa are married, and they have three adult children Peter, Paul, and Mary.

Rosa passed out at the holiday parade from heat exhaustion.

Peter was hit by a drunk driver and was transported to the emergency room.

Paul injured his knee during the college lacrosse game and will require surgery.

Under these circumstances, there will be a visit from a treating physician. Likewise, Jack will want an update about his wife and his children.

Did you know that a health care provider can refuse to give out their patient's medical information to a third party because of privacy laws?

What is an Advance Health Care Directive (AHCD)? An Advance Health Care Directive is a legal document that allows you to spell out your instructions, including which medical care, treatment, and procedures you want and which you don't want. This is sometimes referred to as a Medical Power of Attorney. An AHCD allows you to designate someone, in advance, to communicate with your physician, your caregiver, and your loved ones when you are unable to do so because of incapacity or illness.

Who should have an AHCD? Every adult. This includes your spouse, your children over the age of 18, and your aging parents.

Who should serve as your Health Care Agent? Select someone that you trust to carry out your wishes, who can handle a crisis, and who can communicate with your family. It's not always the oldest child.

What should you do with the AHCD? Once you sign your advance directive, give a copy to your health care agent and a copy to your primary care physician.

What if you already have an AHCD? Then, review it at least once a year. Every time your circumstances or your goals change, you should review your legal documents.

What if you have a will? A last will and testament alone has no effect until death, and, therefore, does nothing to help you through incapacity or disability.

What action can you take now? Start the conversation today.

Talk to your physician about your advance care planning options.

If you have strong religious values, talk with your pastor/clergy.

Meet with an elder law attorney to get your questions answered.

Keep the lines of communication open within your family.

By doing this, you keep everyone in the loop, and feelings of distrust are often eliminated. You also get peace of mind knowing that you have clear instructions in place.