Types of Advance Directives to Know for Legal Aspects of Healthcare

Advance directives are essential legal documents that express a person's healthcare preferences when they can't communicate. Understanding these directives, like living wills and healthcare powers of attorney, is crucial for ensuring that individual wishes are respected in medical situations.

1. Living Will

   • A legal document that outlines an individual's preferences for medical treatment in the event they become unable to communicate their wishes.
   • Typically addresses end-of-life care decisions, including the use of life-sustaining treatments.
   • Must be signed and witnessed or notarized according to state laws to be valid.

2. Healthcare Power of Attorney

   • A legal document that designates a specific person (agent) to make healthcare decisions on behalf of the individual if they are incapacitated.
   • The agent's authority can be broad or limited, depending on the individual's preferences.
   • It is important to choose someone trustworthy and knowledgeable about the individual's values and wishes.

3. Do Not Resuscitate (DNR) Order

   • A medical order that instructs healthcare providers not to perform CPR or other resuscitative measures if the individual stops breathing or their heart stops.
   • Must be signed by a physician and is typically placed in the individual's medical record.
   • DNR orders are specific to emergency situations and do not affect other medical treatments.

4. Physician Orders for Life-Sustaining Treatment (POLST)

   • A medical order that translates a patient's treatment preferences into actionable medical orders for healthcare providers.
   • Designed for individuals with serious illnesses or those nearing the end of life, ensuring their wishes are honored across different care settings.
   • Must be signed by both the patient (or their representative) and a physician to be valid.

5. Organ and Tissue Donation Directive

   • A document that expresses an individual's wishes regarding the donation of their organs and tissues after death.
   • Can be included in a living will or as a separate document, and it may require registration with a state donor registry.
   • Ensures that the individual's preferences are known and respected, potentially saving lives through donation.

6. Mental Health Advance Directive

   • A legal document that outlines an individual's preferences for mental health treatment in the event they become unable to make decisions during a mental health crisis.
   • Can include specific treatment preferences, medication choices, and the appointment of a healthcare proxy for mental health decisions.
   • Helps ensure that the individual's values and wishes are respected during times of mental health challenges.

7. Medical Orders for Scope of Treatment (MOST)

   • A medical order similar to POLST, specifically designed to communicate a patient's treatment preferences in a clear and actionable format.
   • Focuses on the scope of treatment, including resuscitation status, hospitalization preferences, and other critical care decisions.
   • Must be signed by a healthcare provider and is intended for use in emergency situations to guide care decisions.