Skip to main content
Planning

What Is an Advance Health Care Directive?

Elderly couple walking and laughing

Have you thought about what kind of health care you would want at the end of life? Would you want your family to use life-sustaining procedures such as mechanical ventilation or artificial nutrition and hydration if you are terminally ill or if you are in a persistent vegetative state? Would you want your loved ones agonizing over making life and death decisions for you during a time of emotional turmoil?

If you were in an accident that left you unable to make your own health care decisions or speak for yourself, who would you want to speak for you and make your medical decisions?

By preparing Advance Health Care Directives such as a Living Will and Health Care Power of Attorney, you can make your wishes known and appoint a health care agent to make medical decisions on your behalf should you be unable to speak for yourself. You should give a copy of your Advance Health Care documents to your primary physician, your health care agent, and/or a trusted relative.

Declaration of a Desire for a Natural Death or Living Will

A Living Will allows you to determine in advance the type of life sustaining medical treatment you will (or will not) receive when there is no hope of your recovery.

Health Care Power of Attorney

A Health Care Power of Attorney allows you to appoint someone as your agent to make medical decisions for you any time you are unable to make your own treatment decisions, not just at the end of life. You can include special provisions or specific limitations about medical treatment.

Health Insurance Portability and Accountability Act (HIPAA) Authorization

A HIPAA Authorization allows your health care providers to release your medical information to people you specify, such as your health care agent. This allows your agent to have your health care information in order to make informed decisions about your medical care and treatment.

What happens if I don’t have Advance Health Care Directives?

If you become incapacitated and do not have Advance Health Care Directives such as a Living Will or Health Care Power of Attorney, a court will likely need to appoint a guardian to act on your behalf, and it may not be the person you would have chosen. This would cause a delay in making decisions about your medical treatment until the guardian could be appointed.

How to create Advance Health Care Directives

SECU recommends consulting a qualified estate planning attorney to create Advance Health Care Directives such as a Living Will or Health Care Power of Attorney. If you are a North Carolina resident, more information and forms are available at the NC Secretary of State’s Advance Health Care Directive Registry website.1 The documents contain important information related to their proper execution, which you should review and discuss with an attorney if you have any question. While an attorney is not required to set up Advance Health Care Directives, you may wish to consult an attorney if you have a potential family conflict or specific legal concern.

Attorney fees to draft Advance Health Care Directives can vary greatly depending on the complexity of your situation. You should ask about the fee before you agree to the services provided.

Choosing your health care agent

Your agent must be at least 18 and should be a family member or close friend whom you trust to act in your best interests and make serious and very important medical decisions for you.

Is a Health Care Power of Attorney revocable?

You may revoke your Health Care Power of Attorney at any time as long as you are not incapacitated.

When to change Advance Health Care Directives

As circumstances in your life change, you may want to update your Advance Health Care Directives to reflect these changes. You may wish to change your Advance Health Care documents to provide for the following life events:

  • Marriage, separation, or divorce
  • Incapacity or death of a named agent
  • Move to a different state

You should work with a qualified estate planning attorney to make changes to your Advance Health Care Directives. It is not advisable to make changes on your own, including any hand-written notes.

Do I still need a Power of Attorney if I have Advance Health Care Directives?

Yes. A Power of Attorney is the legal document that allows you to name an agent to handle your financial and legal affairs. Advance Health Care Directives are focused on medical and health care decisions.