What is a Health Care Directive?
- A healthcare directive is a written legal document that outlines a person’s healthcare wishes while also appointing someone to make decisions on a person’s behalf if they cannot make the decision themselves.
- A healthcare choice most people are familiar with deals with resuscitation.
Components of a Health Care Directive
- The four components of a health care directive are your legal name, the appointment of an agent, health care instructions, and your signature along with either witnesses or a notary public.
Appointment of an Agent
- An agent is an individual a person trusts to make decisions about someone’s healthcare in the event they are unable to do so themselves. Almost anyone over 18 can be your agent, EXCEPT your healthcare provider or an employee of your healthcare provider. For example, an oncologist, a nurse at the hospital where you currently receive treatment, a surgeon, etc. You can appoint more than one agent; the second or third agent will be considered an alternative agent. These agents will step in if your primary agent is unavailable or unable to act for you.
Health Care Instructions
- It is highly recommended that a person add personal health care instructions to their directive and appoint an agent. Healthcare instructions can be very specific or straightforward, depending on the person and the amount of information they share with their healthcare directive agent.
Signature and Witnesses/Notaries
- A healthcare directive must be signed by either two witnesses or a public notary to be valid.
Witnesses - MUST be at least 18 years of age
- CANNOT be your health care agent or alternative health care agent
- AT LEAST ONE witness CANNOT be your healthcare provider or an employee of your healthcare provider.
Notary Public - CANNOT be your healthcare agent or alternate healthcare agent
- CANNOT be your healthcare provider
- CAN be an employee of your healthcare provider
How to Prepare a Health Care Directive
- They are usually drafted along with other estate planning documents, such as a financial power of attorney and a will or trust. Many hospitals and other healthcare facilities have directives on site that a patient can complete and have notarized the same day.
- Honoring Choices has a great standardized form for a healthcare directive in multiple languages. Patients can complete the form without an attorney and get it executed themselves.
