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Your Right to Make Healthcare Decisions Under the Law
There may be times when you cannot make your wishes known
to your doctor or other healthcare providers. If you were taken to a
hospital in a coma, you would want the hospital's medical staff to
know what your specific wishes are about your medical care.
This page describes what the federal law has to say about
your rights to inform your healthcare providers and significant others
about the medical care and treatment you want if you are physically or
mentally unable to make those decisions yourself.
Because this is an important matter, we urge you to talk
to your spouse, family, close friends, personal advisor(s), your doctor
and your attorney before deciding whether you want an advance directive.
What are advance directives?
Do I have to have an advance directive?
Will I receive medical care if I do not have an advance
directive?
To whom should I talk about advance directives?
When do advance directives go into effect?
What is informed consent?
How will my healthcare providers know I have an advance directive?
Can I change my mind after I write an advance directive?
Do I need a lawyer to help me make an advance directive?
What if I have questions regarding completion of my advance
directive?
Download our Declaration of Health Care
Agent form (26kb)
What are advance directives?
Advance directives are documents that state your choices about medical
treatment or name someone to make decisions about your medical treatment
if you are unable to make these decisions or choices yourself. through
advance directives, you can make legally valid decision about your
future medical care.
Most states recognize three types of advance directives:
- A living will
- An appointment of healthcare agency
- An oral directive
Do I have to have an advance directive?
No. But if questions arise about medical treatment, advance directives
may help to clarify these important issues.
Will I receive medical care if I
do not have an advance directive?
Yes. There is a chance, however, that you will receive more treatment
or procedures than you may want.
If you cannot speak for yourself and you do not have any
advance directives, your healthcare provider will look to the following
people, in the order listed, for decisions about your care.
1 Your guardian, if a court has appointed one.
2 Your spouse.
3 Your adult children.
4 Your parents.
5 Your adult brothers or sisters.
6 A friend or any other relative who has maintained enough regular contact
with you to be familiar with your activities, health, and personal beliefs.
To whom should I talk about advance directives?
Before writing your instructions you should talk to those people closest
to you. Discuss the instructions with your family, your doctor, and other
appropriate people. These are the people who will be involved with your
healthcare if you are unable to make your own decisions.
When do advance directives go into effect?
Directives go into effect when you can no longer make your own healthcare
decisions. As long as you are able to give 'informed consent,' your healthcare
providers will rely on you and not on your advance directives.
What is informed consent?
Informed consent means that you are able to understand the nature and
probable consequences of medical treatments and are able to make evaluations
of the risks and possible benefits of those treatments as compared
with alternatives.
How will my healthcare providers know I have an advance directive?
Upon admission you will be asked if you have an advance directive. If you
answer "yes," you will be asked to present it to the hospital
to become part of your medical record while you are a patient If is your
responsibility
to communicate the fact that you have these documents to your physician
and significant others.
Can I change my mind after I write an advance directive?
Yes. You can cancel or change any advance directive that you have written
by destroying the original document. Tell anyone concerned that you
have cancelled the advance directive. To change your advance directive
write and date a new one. Give copies of your revised document to all
the appropriate parties, including your doctor.
Do I need a lawyer to help me make an advance
directive?
There is no legal requirement to contact a lawyer, although a lawyer
may be helpful to you. You may use this
form to execute your advance
directives.
What if I have questions
regarding completion of my advance directive?
The Washington County Hospital Patient Advocate is available to answer
your questions at 301-790-8262.
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