Healthcare directive

Also called Advance directive, Living will, Healthcare proxy

Documents stating a person’s medical treatment wishes and naming someone to make health decisions if they cannot speak for themselves.

What it means

An advance healthcare directive usually has two parts. A living will describes the treatments a person would or would not want in serious situations, such as life support, tube feeding or resuscitation near the end of life. A healthcare power of attorney, also called a healthcare proxy, names an agent to make medical decisions when the person cannot.

These documents only matter if the person is unable to communicate. Each state has its own forms and signing requirements, often involving witnesses or a notary, though many states honor directives made elsewhere. A separate HIPAA authorization can let named people get medical information. A directive is different from a physician’s order such as a do-not-resuscitate order, which a doctor signs for a patient who is already seriously ill.

Example

For example, a 55-year-old signs a directive naming her sister as healthcare agent and stating she does not want prolonged mechanical ventilation if doctors find no reasonable chance of recovery. If she is later unconscious after an accident, her sister and doctors can follow those wishes.

How it’s used

Planning for serious illness, surgery or old age
Sparing family from guessing about end-of-life care
Choosing a specific decision-maker, such as a partner who is not a spouse

Strengths and weaknesses

Strengths

Medical care follows the person’s own stated values
Reduces conflict and stress for family members
Often free or low cost using state forms

Weaknesses

Cannot anticipate every medical situation
May not be found or followed if copies are not shared
Requirements differ by state

Good to know

Giving copies to the agent and doctors helps, and an estate attorney can prepare it with a will and durable power of attorney.

Educational information only, not financial, tax or legal advice. Rules, limits and rates change; check the IRS, your lender or plan, or a qualified professional before acting.