Search Results for: advance medical directives

Advance Medical Directives: Who Makes Health Care Decisions If You Can’t?

Being able to make health care decisions for ourselves is very important, but what happens if you become incapacitated and are unable to voice an opinion concerning your medical care?  If you don’t have a health care proxy or guardian in place, state law chooses who can make those decisions. A few states, such as..

Advance Medical Directives: Durable Powers of Attorney for Health Care and Living Wills

Advance Medical Directives: Durable Powers of Attorney for Health Care and Living Wills By Donald D. Vanarelli, Esq.   In New Jersey, Advance Medical Directives (or “Advance Directives”) are governed by the New Jersey Advance Directives for Health Care Act, N.J.S.A. 26:2H-53 et seq. Under this Act, three types of Advance Directives are recognized: A “Proxy Directive” (also referred to..

Advance Medical Directives: The Basics

While personal autonomy has long been recognized as a hallmark of modern society, patient autonomy has more recently emerged as a hallmark of modern medical ethics. Lynch, H., Mathes, M. and Sawicki, N., Compliance with Advance Directives: Wrongful Living and Tort Law Incentives, 29 Journal of Legal Medicine 133 (Apr.-June 2008). Federal law now recognizes..

Advance Directives: A Counseling Guide

To improve advance health care planning, the American Bar Association’s Commission on Law and Aging developed advance care planning principles for attorneys as set forth in the publication found below, entitled “Advance Directives: Counseling Guide for Lawyers.” The advance care planning principles in the guide provide a conceptual framework and guidelines for lawyers and health..

New Advance Directive Allows Patients To Refuse Food And Water If They Develop Dementia

A New York end-of-life agency, named End Of Life Choices New York, has approved a new form of advance directive document that allows people to stipulate, in advance, that they don’t want food or water if they develop severe dementia. The new advance directive is called the “Advance Directive for Receiving Oral Food and Fluids in..

Making Medical Decisions For Someone Else: A How-To Guide

An “advance medical directive” (also known as a “health care advance directive” or “instruction directive”) is a written statement made by the patient concerning future health care wishes. Advance directives consist of two parts: a “living will” and a “health care proxy” (a “health care power of attorney”). A living will is a document in..

Psychiatric Advance Directives

Today, most states authorize the use of some form of psychiatric advance directive (PAD). PADs are similar to the more familiar “advance medical directive,” typically used in connection with end-of-life medical decision-making. An “advance medical directive” (also known as a “health care advance directive” or “instruction directive”) is a written statement made by a patient..

Managing End-of-Life Medical Decisions

Issues surrounding end-of-life medical decisions are seldom easy. However, planning for future healthcare needs, which includes end-of-life medical decision-making, is one of the most important acts elders can perform, both for themselves and their loved ones. Federal and state laws recognize an individual’s constitutional right to refuse medical treatment, and aim to ensure that a..

Advance Directives: The Importance of Planning

Emotional reactions to the thought of end-of-life decisions prevent many people from planning for their future health needs; nevertheless, it is vital to stress to your clients that “planning now for your future health care is one of the most important acts you will ever do for yourself and your loved ones.” Advance Directives: Your..

Do You Have An Advance Directive For Mental Health Care? Why Would You Want One?

An advance directive for mental health care (ADMHC) is a legal document similar to an advance medical directive which governs end-of-life decision-making. However, an ADMHC is used to express preferences and give instructions in advance to family members and medical providers for future mental health treatment, including medications, voluntary admission to inpatient treatment, electroconvulsive therapy..