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Advance Directive Laws

What is an advance directive?

An advance directive is a set of instructions that are given by an individual to take decisions regarding their health if they become incapable of taking medical decisions for themselves. The individual may have to appoint another person to take these decisions. An advance directive may also be called an advance health care directive, living will, personal directive or advance decision.

How would an advance directive affect an individual’s last will and testament?

An advance directive may not affect an individual’s last will and testament. It would be relevant only in health care decisions and would end at the death of the individual.

Would an advance directive that was drawn up to appoint a healthcare agent and decide about treatment preference be equivalent to a medical power of attorney?

An advance directive that was created to appoint a healthcare agent and for decisions on treatment preferences may be considered to be equivalent to a medical power of attorney and a living will. It may be enough to appoint someone to take medical decisions for an individual if the individual cannot take them for themselves.

Can an individual with an advance directive from a friend write a will for him/her?

An individual who has an advance directive from their friend may not be allowed to write their friend’s will. The friend may have to create their own will.

Is it required to notarize an advanced health care directive in Delaware?

It may not be necessary to get an advanced health care directive notarized in the state of Delaware.

Can an individual request for medical treatment if the individual has already signed an advance directive refusing it?

An individual may be able to seek medical treatment even if they have signed an advance directive refusing it. This is because the directive may become valid only if the individual is incapable of taking medical decisions for them.

What is the difference between a will and an advance health care directive?

A will is a legal document in which the creator names one or more people to manage their property and estate and gives instructions on how to transfer it on their death. An advance health care directive on the other hand refers to instructions given by an individual on the kind of medical decisions that should be taken if they are incapable of taking them.

Where can an individual get forms for an advance directive in Washington?

Forms to file an advance directive in Washington may be found on the following website: http://www.wsma.org/files/Downloads/PatientResources/HCD-forms.pdf

Who should be informed when an individual signs an advance directive?

An individual may have to inform their physician, the person who is named as the health care representative in the directive, family members, close friends, lawyers or anyone who may inform the concerned people that they have signed an advance health care directive.

Medical decisions are important in one’s life and it is necessary that you make sure you appoint someone to take these decisions for you in the event that you become ill and are incapable of taking them yourself. The advance directive may be used to elect a health care representative. You need to be aware of the process and forms that may be required to file an advanced health care directive. Advance directives are legal documents and hence may not be easy to understand. You may seek the help of an Expert if you have any doubts or need more information on advance directives.

Ask an Estate Lawyer

Thomas McJD
Thomas McJD, Attorney
Category: General
Satisfied Customers: 3170
Experience:  Wills, Trusts, Probate & other Estate Matters
19305272
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Recent Advance Directive Questions

  • My grandfather left his 4 children 25% each gas royalties. One

    My grandfather left his 4 children 25% each gas royalties.
    One of the decendants family has disappeared.
    If the other there heirs can prove it; the royalties goes to the other 3.
    If not, the oil company escheats it to the State of Texas.
    How do I go about finding the decendants.
    The last know address for them is Canada.
  • My husband had my daughtter write out a check payable to me

    My husband had my daughtter write out a check payable to me but he signed it. The check was drawn on his personal account. I did not go to bank to cash it since I was with him at the hospital every waking moment. He then passed away. A few days later I cashed the check. He died without a will and the account the check was drawn on was POD to a daughter of his outside our marriage. Now she hired an atty to get the money back. How can an atty ask for money back that my husband gave me? I did not expect him to die and running to the bank to cash/deposit the check was not my priority.
  • Nate gave me an answer that as administrator I should get 6%.

    Nate gave me an answer that as administrator I should get 6%. I was just told the 8 other beneficiaries want to give me 10% because I have paid all the expenses since 1985.
    Can they do that?
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