Advance Health Care Directive (AHCD)
Making your wishes known
- Who decides about my treatment?
- Do I have to name an agent and also give medical instructions in my AHCD?
- If I do appoint an agent, whom should I trust with this responsibility?
- When does my agent’s authority take effect?
- What happens if I regain the ability to make my own decisions?
- Should I discuss my health care wishes with my doctor and others?
- What do I do with my AHCD once it is completed?
- When does my agent’s authority end?
- Am I required to have an AHCD?
Who decides about my treatment?
Serious injury, illness, or mental incapacity may make it impossible for you to make health care decisions for yourself. A clearly written AHCD is a gift to those close to you because it can prevent disagreements and reduce some of the burden of decision-making at a time when family and friends are already emotionally taxed.
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Do I have to name an agent and also give medical instructions in my AHCD?
No. You may just choose to have your AHCD name an agent or you can just state what treatments you want or don’t want and under what circumstances. You can also write the AHCD so that it does both – name an agent AND give directions about medical treatment.
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If I do appoint an agent, whom should I trust with this responsibility?
The person you choose will have the legal right to consent, refuse to consent or withdraw consent for any medical treatment on your behalf. Consider someone who knows and will respect your values, someone whose judgment you trust. The person should be reasonably available, willing to accept this responsibility and be able to work well with your doctor and family members. This might be a member of your family or a close friend, a religious leader or a trusted health care provider – but not your attending physician. Your attending physician cannot be your agent.
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When does my agent’s authority take effect?
When your primary physician determines you have lost the ability to understand choices, weigh alternatives and make a rational health care decision OR when you specifically ask to have the agent take over the decision making because you do not want to make your own decisions for whatever reason.
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What happens if I regain the ability to make my own decisions?
You then start making your own decisions again. Your AHCD is only in effect as long as you are unable to make your own decisions.
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Should I discuss my health care wishes with my doctor and others?
Yes. Your agent must understand your values, wishes and beliefs since he/she will be the person speaking for you if you cannot speak for yourself. It is very important to let everyone in your family know your wishes to avoid conflict and family tension. Everyone needs to understand the agent is making decisions based on your wishes, even when their own values and beliefs may be different. Your agent may invite other family members to consult or be part of the discussions with your doctor, but only your agent has the legal authority to make decisions.
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What do I do with my AHCD once it is completed?
Once you have completed the AHCD and had your signature notarized or witnessed, take a photocopy to your primary care physician, so that it can be placed in your medical record. Give a copy to your agent(s). Keep the original for your personal records. And please bring a copy with you when you are admitted to the hospital.
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When does my agent’s authority end?
It lasts indefinitely unless you revoke it.
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Am I required to have an AHCD?
No. No one can deny you treatment because you have not done one.
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