What is a healthcare directive and why do I need one?
A healthcare directive (also called an advance directive) is a legal document that tells medical providers and family members what medical treatments you want or don't want if you become unable to speak for yourself. It takes effect only when you cannot communicate your own decisions.
Do I need a lawyer to create a healthcare directive?
No. Every state provides free advance directive forms that you can complete yourself. Most require only your signature and two witnesses (or a notary in some states) — no attorney is required. Many hospitals also provide forms at no cost.
What is the difference between a living will and a healthcare power of attorney?
A living will specifies the medical treatments you want or refuse (e.g., CPR, ventilators, feeding tubes). A healthcare power of attorney (or healthcare proxy) appoints a trusted person to make medical decisions for you. Many states combine both into a single advance directive form.
Where do I get a free healthcare directive form for my state?
Download free state-specific forms from CaringInfo.org (a program of the National Hospice and Palliative Care Organization), your state health department website, or your local hospital. Each state's form meets that state's legal requirements.
Does a healthcare directive need to be notarized?
Requirements vary by state. Most states require either notarization or two adult witnesses who are not your healthcare agent or beneficiaries. Check your state's specific form — it will specify whether a notary or witnesses are required.
What medical decisions can I specify in a living will?
You can specify preferences regarding CPR, mechanical ventilation, artificial nutrition and hydration (feeding tubes), dialysis, comfort care (pain management), organ donation, and whether you want to be kept alive if in a persistent vegetative state.
Who should I name as my healthcare agent?
Your healthcare agent (proxy) should be a trusted adult — a spouse, family member, or close friend — who knows your values and will carry out your wishes even under family pressure. They must be willing and available to make decisions on short notice.
Can I change or revoke my healthcare directive?
Yes. You can revoke a healthcare directive at any time by destroying all copies, creating a new directive, or verbally telling your doctor. A new directive automatically supersedes any prior one. Notify your healthcare agent and doctor of any changes.
What is a POLST form and is it different from an advance directive?
A POLST (Physician Orders for Life-Sustaining Treatment) is a medical order signed by your doctor that gives emergency responders immediate instructions. It is different from an advance directive and is typically used by seriously ill patients — ask your doctor about POLST if you have a terminal condition.
What happens if I don't have a healthcare directive?
Without a directive, medical decisions default to your next of kin in an order set by state law (typically spouse, then adult children, then parents). Disagreements among family members can delay treatment or lead to outcomes that do not reflect your actual wishes.
Where should I keep my healthcare directive?
Give copies to your healthcare agent, your primary care doctor (who will add it to your medical file), any specialists or hospitals you use regularly, and keep the original in an accessible place at home — not a safe deposit box. Some states have directive registries where you can file a copy.
Does my healthcare directive work in other states?
Most states honor valid out-of-state advance directives as long as they meet the requirements of the state where they were signed. However, if you move, it is best to complete a new directive on your new state's form to avoid any ambiguity.
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