Advance Healthcare Directive
Living wills and healthcare agents: who decides about your medical care when you can't, and how to make it stick.
Key facts
- An advance directive only takes effect when you cannot make or communicate decisions yourself — until then, you decide.
- Two common tools are a living will (treatment preferences) and a healthcare power of attorney (who decides).
- NIA recommends reviewing directives at least annually and after major life changes; revocation rules are state-specific.
The two components
The National Institute on Aging describes a living will and a durable power of attorney for healthcare as two common advance directives. A living will records treatment preferences. A healthcare power of attorney names an agent to make healthcare decisions within the authority granted by the document and state law.
State law governs the details. Delaware's current Uniform Health-Care Decisions Act is 16 Del. C. ch. 25. Section 2508 requires a health-care power of attorney to be signed by the maker and one qualifying adult witness; two witnesses apply only to a special non-revocation provision for certain advance mental-health directives under § 2509(e).
Choosing and preparing your agent
Choose someone who understands your values, can act under pressure, and is willing to advocate for your stated preferences. Talk through those preferences and give the agent a copy of the completed directive so they know both the role and the instructions.
Making it effective in practice
A directive locked in a drawer helps no one. Give copies to your agent and physician, and ask that the current version be added to your medical record. NIA recommends reviewing it at least annually and after major life changes, and keeping prior versions marked with the date they were replaced.
References
This guide is educational only and is not legal, tax, or investment advice. Laws vary by state and change over time; confirm current figures with the linked primary sources or a licensed professional in your state.
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