What are advance directives?
Apr 01, 2011
Advance directives generally consist of two parts: a power of attorney (POA) and a living will. A power of attorney is a legal document whereby an individual (known as the “principal”) authorizes another person (known as the “attorney-in-fact” or “agent”) to act for the principal, should the principal become unable to make his or her own decisions. The power of attorney may be for healthcare, finances or both. The principal appoints an individual of his or her own choosing as the “agent”; the principal may choose one or more agents.
If the power of attorney is durable, it remains in effect when and after the principal loses decision-making ability. A non-durable power of attorney means the agent will lose decision-making authority when the principal becomes incapacitated.
The point at which the power of attorney becomes effective also depends on the language contained within the document. Some POAs become effective as soon as they are signed; others become effective when the principal loses the capacity to make decisions.
Residents and/or their legal representatives are not required to execute advance directives; however, it is advantageous to do so because it enables the principal to provide guidance regarding his or her wishes regarding who will make decisions for the principal should he or she later become incapable of doing so.
The Good Samaritan Society does not condition the provision of care or otherwise discriminate against an individual based on whether or not the individual has executed an advance directive.
A living will is a type of advance directive in which an individual puts in writing his or her wishes about what type of medical treatment he or she would like to receive at the end of life if the individual becomes unable to communicate – e.g., resuscitate or do not resuscitate, the use of artificial nutrition and hydration, the use of antibiotics or no antibiotics, etc. State laws may define when the living will goes into effect and may limit the treatments to which it applies.
For more information about state-specific advance directives, visit www.caringinfo.org
By Marya Burns, CMSW, MPA
Good Samaritan Society Rehabilitation/Skilled Care Consultant
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