What is an advance directive and how does it differ from a living will?
An advance directive is a legal document that allows an individual to outline their medical preferences and appoint a trusted person to make decisions on their behalf if they become incapacitated and cannot communicate those preferences. It is different from a living will in that a living will only addresses an individual's end-of-life preferences, while an advance directive may also include instructions for non-end-of-life medical decisions.
In most jurisdictions, an advance directive can take the form of a living will, a durable power of attorney for healthcare, or a combination of the two. A living will typically outlines an individual's preferences for life-sustaining treatment, such as whether they want to be kept on life support if there is no hope of recovery. A durable power of attorney for healthcare, on the other hand, appoints someone to make medical decisions on the individual's behalf if they become incapacitated.
While an advance directive can be a powerful tool for ensuring that an individual's medical wishes are respected, there are some potential limitations to consider. For example, if an individual's preferences are unclear or if there is disagreement between family members, healthcare providers may not be required to follow the advance directive. Additionally, the laws governing advance directives vary by jurisdiction, so it is important to consult with a licensed attorney in your area to ensure that your document conforms to local regulations and best practices.
For those considering creating an advance directive, it is recommended to speak with a healthcare provider or legal professional to discuss the available options and ensure that any document accurately reflects their preferences and legal rights.