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Frequently Asked Questions

When Should I Make an Advance Health Care Directive?

ACS :: Frequently Asked Questions
The time to make an advance directive is before you are in a situation in which you would need one. In other words, before you become too sick to make your own choices and decisions about what medical care you want to receive or refuse. Young people as well as older people should consider making an advance directive. Advance directives can be changed or revoked and should be re-visited if you have been diagnosed with a serious illness.

What Happens When I Have an Advance Health Care Directive?

ACS :: Frequently Asked Questions
If you have an advance directive and cannot make your own medical decisions, these decisions will be made for you according to the types of medical care you specified in your advance directive and/or by the person you chose as your surrogate or agent (substitute decision-maker.) However, it is important to make sure that your family, health care providers, and others who might be contacted know that you have an advance directive.

How Will My Doctor Know That I Have an Advance Health Care Directive?

ACS :: Frequently Asked Questions
If you have any type of advance directive, tell people close to you that you have one and where it is kept. Give copies of your advance directive to your proxy or surrogate agent, family members, and friends who would be contacted if you become seriously ill. Do not keep your advance directive locked up where no one can find it. It is up to you, your surrogate agent, or a family member to give a copy of your advance directive to your doctor and hospital.

Can I Have an Advance Health Care Directive in More Than One State?

ACS :: Frequently Asked Questions
Most states have specific rules about what is recognized as a valid advance health care directive. Some states recognize an out-of-state directive if it meets the legal requirements of the state in which you want to use it. If you want to use an advance directive in a state other than that in which you signed it, or if you want to have an advance directive in more than one state, it is a good idea to check with an attorney in order to avoid potential problems. No.

Is My Advance Health Care Directive Valid If I Am at Home?

ACS :: Frequently Asked Questions
Someone who is dying but who is not a patient in a health care facility may face problems in having an advance directive honored in an emergency. Some states have addressed this issue by allowing 911 emergency medical service (EMS) providers to refrain from resuscitating terminally ill patients who are certified as having a "do not resuscitate" order written by a doctor.

What is an advance directive for health care choices?

Frequently Asked Questions
advance directive for health care choices is the legal document that outlines your wishes concerning medical care at or near the time of your death. An advance directive for health care choices is the highest legal authority to grant consent for your donation, provided you have outlined your intent to donate. Typically, advance directive for health care choices prohibit the use of intensive care interventions.

Do I have to have an advance directive for health care choices to be a donor?

Frequently Asked Questions
NO. Simply tell your family, including your legal next-of-kin of your intent to be a donor. An advance directive for health care choices, for the purpose of donation, is only beneficial in circumstances where the legal next-of-kin will not endorse your intent to donate.

What is an advance directive?

Better Ending: About Us - Advance Care Planning: FAQs
advance directive is a legally binding document in which you express your wishes for your health care in the event that you become unable to make your own health care decisions. A health care proxy is an advance directive in which you appoint another person to make health care decisions for you if you are unable to make them yourself. In Massachusetts, health care proxies are authorized by chapter 201D of Massachusetts General Laws.

If one violates the law, are they negligent?

Frequently Asked Questions About Negligence Claims
Generally speaking, the appropriate standard of care in a given context is established by what a reasonably prudent person would do under the same or similar circumstances. In certain situations, however, if one violates the law he/she may be considered negligent "per se" if the enactment of such law was intended to prevent the type of injury or harm which was caused by the negligent conduct at issue.

Will My Advance Health Care Directive Be Used If I Am Taken to an Emergency Room?

ACS :: Frequently Asked Questions
Your advance directive is valid in an emergency room only if the health care providers there know about it. In serious emergency situations, it may not be possible for health care workers to know that you have an advance directive before emergency medical care is delivered. If a family member or friend calls Emergency Medical Services at a time you cannot speak for yourself, your advance directive may not be honored.

Do I Need a Lawyer to Write My Advance Health Care Directive?

ACS :: Frequently Asked Questions
Although a lawyer can be helpful to you, you do not need a lawyer to write your advance directive. Some states have required forms, and all states have specific requirements. Sample forms and directives that meet your state's requirements may also be available. For more information on getting a state form for advanced directives, you can consult the Additional Resources section or visit http://www.caringinfo.org.

Can I Change My Mind About What Is Written in My Advance Health Care Directive?

ACS :: Frequently Asked Questions
Yes. Once you make an advance directive, you may change or revoke it at any time while you are competent to do so. If possible, changes should be signed, dated, and witnessed. You should inform your proxy or surrogate agent, family, and doctor if you change or cancel your advance directive. You should also destroy the old advance directive so there is no confusion on the part of your agent.
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