Frequently Asked Questions

---

• A legally recognized form completed in advance of incapacity to authorize a health care agent to advocate for your wishes.
• Your health directive is invoked only if you are unable to participate in your care. 
• When on file with healthcare providers this can advocate for you immediately in an emergency by establishing your care preferences and identifying who to call.  
• This is a most extraordinary gift for loved ones at a distressing time that is also valued by the doctors and health care systems caring for you upon an unanticipated event. 

When no document is available, a physician will determine who acts as your surrogate decision maker. Ideally you would have an opportunity to identify a person you want involved in your care. This can temporarily overcome privacy laws which may limit access to you in an in-patient setting - such laws are intended to protect you and your personal health information. 

• Being shocked, frustrated or frightened by what happened to a friend or loved one in a medical crisis.
• Autonomy - not wanting to risk a sudden accident or illness where the doctors choose who to designate as your surrogate. 
• Experiencing prolonged illness or a chronic condition.
• A strong desire to avoid any end-of-life scenarios that involve "being hooked up to machines." 
• Learning you have a serious life limiting diagnosis and wanting to guide for your care and plan before incapacity. 
• Concerns about making sure a certain someone does NOT participate in your treatment decisions. 

Anyone 18 years of age an older! Protections for your privacy as an adult aged person means your personal health information is protected by a federal law called the Health Insurance Portability and Accountability Act or HIPAA. A health directive indicates who you want to step in and grants them access to you and your health providers across various care settings like emergency rooms, hospitals and rehabilitation facilities.

A review may be especially needed if your health directive was developed as part of a trust, when you were most focused on assets other than yourself! 

Your wishes for future incapacity in regards to medical decision-making are best discussed in advance. Have you talked to the Trustee? Remember, only you can appoint the health care decision maker, do not assume a successor trustee will be recognized in this role!

This process can be uncomfortable and take time to be thoughtful. Maybe you anticipate resistance from your family. You want a document that expresses your personal values and a surrogate who can honor those choices, it does not have to appoint a family member. Think about a moment... when you needed someone to step up, who is that person? 

There are a growing number of template options available as a directive - you may not want that form provided by a healthcare organization to do on your own. 

You can choose any health directive template valid in your primary state of residence. Look for one that includes options that are important to you. Your health care provider or HMO can not dictate the form you choose. 

Usually a health directive does not expire. This means updates are needed as you live a long life! Common updates may include a change of decision maker(s) or your care preferences in response to specific conditions. 

Taking time with friends and family to talk about what is uniquely important for quality of life as well as what is uniquely worrying is essential and such concerns change as we meet life's challenges!
Reviewing your existing documentation is important, do so at least every ten years and more frequently with advancing age, and make sure your current doctor has a copy.