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Topic: Advance Directives Act


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  Office of Legal Affairs -- Advance Directives   (Site not responding. Last check: 2007-11-05)
An advance directive is a legal document which communicates an individual’s medical decisions and/or appoints someone else to make decisions on his or her behalf should the individual become incapacitated and either permanently unconscious or terminally ill. To be effective, advance directives must comply with state statutes.
In order for the advance directive to be properly executed, the declarant must be at least eighteen years of age or an emancipated minor and have sufficient mental capacity at the time of signing the document.
An "advance directive" is a written document which you may use under certain circumstances to tell others what care you would like to receive or not receive should you become unable to express your wishes at some time in the future.
www.uphs.upenn.edu /legal/adv.html   (4177 words)

  
 Advance Directives
"Advance directive" is a general term that refers to a person's verbal and written instructions about future medical care, in the event that the person becomes unable to speak for him or herself.
Advance directives give you a voice in decisions about your medical care when you are unconscious or too ill to communicate.
is a type of advance directive in which a person puts in writing his or her wishes about life-sustaining treatments if he or she became permanently unconscious or terminally ill and unable to communicate.
www.communityhospicecare.com /CHCText/advance_directives.htm   (541 words)

  
 Advance Directives
It is a term that covers one or several different documents where in the donor names in "advance" the individuals he or she wants to handle his or her affairs in when the donor is unable.
Another important advance directive is the health care surrogate which works much like the durable power of attorney except this is for health and medical matters.
A fourth advance directive is a pre-need guardian designation in which you state who you would want to serve as your guardian if the need arises.
www.parrilaw.com /ParriScopeArticles/Advancedirect.htm   (527 words)

  
 Advance Directives Act - Wikipedia, the free encyclopedia
The Texas Advance Directives Act (1999) describes certain provisions that are now Chapter 166 of the Texas Health and Safety Code.
If either the family does not seek an extension or the judge fails to grant one, futile treatment may be unilaterally withdrawn by the treatment team with immunity from civil or criminal prosecution.
The Houston Chronicle noted that Schiavo's case wouldn't be applicable in Texas if she lived in the state.
en.wikipedia.org /wiki/Advance_Directives_Act   (408 words)

  
 ADVANCE DIRECTIVES   (Site not responding. Last check: 2007-11-05)
Advance directives are recognized in one form or another by legislative action in all 50 states.
Persons who have written or are considering writing advance directives should be made aware of the fact that these documents are insufficient to ensure that all decisions regarding care at the end-of-life will be made in accordance with their written wishes.
Advance directives usually are the written documents that provide information about the patient's wishes and/or her designated spokesperson.
www.medceu.org /course-no-test.cfm?CID=1188   (3237 words)

  
 Bioethics for clinicians: 6. Advance care planning
Advance care planning helps to ensure that the norm of consent is respected when sick people are no longer able to discuss their treatment options with physicians and thereby exercise control over the course of their care.
Advance care planning recognizes that sick people suffer a loss of dignity when they cannot command respect for their considered and cherished intentions and that such intentions may be shaped by cultural values.
Advance directives are generally viewed in a positive light by physicians and patients.[19–29] For example, 85% of family physicians in Ontario favoured the use of advance directives,[30] and 62% of medical outpatients wanted to discuss their preferences with regard to life-sustaining treatment.[31]
www.cmaj.ca /misc/bio_advance.shtml   (2682 words)

  
 Hospice Net Advance Directives
Advance directive” is a general term that refers to your oral and written instructions about your future medical care, in the event that you become unable to speak for yourself.
A living will is a type of advance directive in which you put in writing your wishes about medical treatment should you be unable to communicate at the end of life.
This type of advance directive may also be called a “health care proxy” or “appointment of a health care agent.” The person you appoint may be called your health care agent, surrogate, attorney-in-fact, or proxy.
www.hospicenet.org /html/directives.html   (373 words)

  
 Center for Bioethics - University of Minnesota   (Site not responding. Last check: 2007-11-05)
Advance directives are written healthcare wishes that tell people what you want if you are unable to speak for yourself due to illness or injury.
Advance directives are for physicians, caregivers and family so that everyone can understand what a patient wants to happen even when he or she can no longer communicate.
In an advance directive, a person writes down their preferences for treatment options (including the use of feeding tubes and respirators) and designates a healthcare agent, who will speak for them when they are sick.
www.bioethics.umn.edu /resources/topics/advance_directives.shtml   (486 words)

  
 Living Will
Ohio's Living Will is a type of advance directive in which a person puts in writing his or her wishes about life-sustaining treatments if he or she became permanently unconscious or terminally ill and unable to communicate.
Health Care Power of Attorney is a type of advance directive that allows a person to appoint someone (an attorney-in-fact) to make medical decisions for the person in the event that he or she is unable to do so.
Ohio's Do-Not-Resuscitate law is an advance directive which allows a person the option of not being resuscitated in the event of a cardiac or respiratory arrest.
www.ohpco.org /living_will.htm   (611 words)

  
 [No title]   (Site not responding. Last check: 2007-11-05)
The Federal Patient Self-Determination Act requires Medicare and Medicaid participating Facilities to maintain written policies and procedures regarding the provision of written information to adult patients concerning their rights under state law to make medical care decisions, including the right to accept or refuse treatment and to formulate advance directives.
The Directive to Physicians, formerly the Natural Death Act, establishes a mechanism whereby a person may provide in advance for the provision, withdrawal or withholding of medical care should that person be certified in writing by the attending physician as suffering from a terminal or irreversible condition.
A competent qualified patient may issue a directive by verbal or by other non written means of communication if done in the presence of the attending physician and two qualified witnesses; the witnesses’ names must be entered into the medical record.
www.wiseregional.org /fedpsdact.htm   (3462 words)

  
 Medical Advance Directives, Patient & Visitor Information, University Health System, Hospital, San Antonio, Texas   (Site not responding. Last check: 2007-11-05)
Your advance directive serves only to inform the team of your wishes or to appoint someone to speak for you if you are unable to communicate.
A Directive to Physicians becomes effective only when (1) your attending physician certifies that you have a terminal or irreversible condition that requires life-sustaining treatment and which may result in your death within a relatively short time, and (2) you are comatose, incompetent or otherwise unable to communicate.
In order to issue an oral directive, the attending physician must certify that you have a terminal or irreversible condition, and the oral directive must be issued in the presence of two witnesses and the attending physician.
www.universityhealthsystem.com /university-hospital/advance-directives.html   (1445 words)

  
 ADVANCE MEDICAL DIRECTIVES
An advance directive is a statement either written or oral that makes your choices about medical treatment known to your doctor in advance.
The law requires that all health care facilities ask patients if they have advance directives and once aware of the advance directives must make sure they are a part of your medical record.
If an advance directive executed in another state complies with the laws of that state OR complies with the laws of Virginia, that advance directive will be deemed valid in Virginia.
www.lawhelp.org /documents/90491advanc98.html   (1902 words)

  
 eMJA: Biegler et al, Determining the validity of advance directives   (Site not responding. Last check: 2007-11-05)
An advance directive (AD) is a statement by a competent person expressing the intention to refuse medical treatment in the future, at a time when he or she may no longer be competent to make a treatment decision.
In the case of directives completed under a statutory scheme, a physician treating an incompetent patient is not required to investigate whether the patient's decision was voluntary, reasonably informed or that the patient was 18 years or over when the directive was signed.
The directive is unlikely to be valid at common law because the scope of the decision does not cover the circumstances that have arisen.
www.mja.com.au /public/issues/172_11_050600/biegler/biegler.html   (3235 words)

  
 Advance Directives   (Site not responding. Last check: 2007-11-05)
However, life-saving advances sometimes mean watching someone you love being kept alive when you are not sure what his or her choice would have been about the treatment being given.
An advance directive is a legal paper that tells doctors and health care providers how you want them to carry out medical decisions you have made for future crisis care, even if you cannot communicate these decisions for yourself.
With an advance directive, it may be possible to accept all treatments recommended by the health care provider, accept some treatments and refuse others, or refuse all recommended treatments.
www.kidney.org /atoz/atozPrint.cfm?id=21   (1939 words)

  
 Hospice of Michigan - Advance directives
Advance directives give you a way to protect your rights in such cases.
Without advance directives, others will have to make decisions for you which may or may not be what you want.
In the absence of written directives, the staff urges the surrogate decision-maker to consider preferences expressed verbally by the patient.
www.hom.org /directives.asp   (1096 words)

  
 Advance Medical Directives - Health and Medical Information produced by doctors - MedicineNet.com
Advance directives: This is a term which refers to treatment preferences and the designation of a surrogate decision- maker in the event that a person should become unable to make medical decisions on her or his own behalf.
Advance directives began to be developed in the United States in the late 1960's.
The Act stipulates that all hospitals receiving Medicaid or Medicare reimbursement must ascertain whether patients have or wish to have advance directives.
www.medicinenet.com /script/main/art.asp?articlekey=7814   (981 words)

  
 Advanced Medical Directives - For the Public - Colorado Bar Association   (Site not responding. Last check: 2007-11-05)
If no arrangements are made for medical directives and you become incapacitated, the court may appoint a guardian for you.
A Medical Durable Power of Attorney, perhaps the most useful and practical of these directives, allows you to establish a process so that medical care decisions can be made which are consistent with your wishes, when you are no longer able to express those wishes directly to your doctor or family.
If you are a patient in a health care facility and you don't have a CPR directive or aren't able to sign one, your doctor may decide, usually in consultation with you and/or family members, that resuscitation would be inappropriate.
www.cobar.org /group/display.cfm?GenID=411   (1722 words)

  
 Advance Directives
Advance directive is a general term that refers to your oral or written instructions about your future medical care, in the event that you become unable to communicate those instructions yourself.
This refers to the right of competent adults to make their own medical treatment decisions, and includes the right to complete advance directives, saying how and/or by whom decisions should be made in the future in the event the person becomes incapacitated and unable to make his or her own decisions.
Forms of advanced directive vary from state to state, but they typically include the living will, the durable power of attorney for health care and the Health Care Proxy.
www.hospicefed.org /hospice_pages/directives.htm   (440 words)

  
 SNL1995 CHAPTER A - 4.1 - ADVANCE HEALTH CARE DIRECTIVES ACT
Neglected Adults Welfare Act, or a health care professional, may not act as a substitute decision maker unless he or she has had personal involvement with the incompetent person at some time during the preceding 12 months.
A maker shall be considered competent to make an advance health care directive where he or she is able to understand the information that is relevant to making a health care decision and able to appreciate the reasonably foreseeable consequences of that decision.
Notwithstanding a restriction, whether statutory or otherwise, relating to the disclosure of confidential medical information, but subject to express limitations in the advance health care directive, a substitute decision maker shall have the right to be provided with all information necessary to make informed health care decisions on behalf of the maker.
www.hoa.gov.nl.ca /hoa/statutes/a04-1.htm   (2351 words)

  
 Advance Directives, Cancer Facts 8.12   (Site not responding. Last check: 2007-11-05)
End-of-life care is a general term that refers to the medical and psychosocial care given in the advanced or terminal stages of illness.
Advance directives are the legal documents, such as the living will, durable power of attorney and health care proxy, which allow people to convey their decisions about end-of-life care ahead of time.
Advance directives provide a way for patients to communicate their wishes to family, friends, and health care professionals and to avoid confusion later on, should they become unable to do so.
cis.nci.nih.gov /fact/8_12.htm   (1411 words)

  
 O'Rourke - Issues: The Patient Self Determination Act   (Site not responding. Last check: 2007-11-05)
The overall purpose of the act seems to be to increase the use of advance directives for health care.
If the provisions of the advance directives of the patient violate the policies of the facility, the patient must be informed that some stipulations of the advance directives will not be honored.
Because an advance directive is such an important document, the person who will make health care decisions for an incapacitated person should know the goals and wishes of the person who has executed the document.
www.op.org /domcentral/study/kor/91051209.htm   (1507 words)

  
 SNL1995 CHAPTER A - 4.1 - ADVANCE HEALTH CARE DIRECTIVES ACT
An advance health care directive and the authority of a substitute decision maker become effective when the maker ceases to be competent to make and communicate health care decisions and continue to be effective for the duration of that period.
             (2)   Subject to express limitations in the advance health care directive and to subsection (3), a health care decision made by a substitute decision maker on behalf of a maker shall be as effective as if made by the maker prior to the maker losing the competency to make the health care decision.
Neglected Adults Welfare Act is amended by inserting immediately after the words "in his or her discretion" the words "may make health care decisions on behalf of the adult or".
www.gov.nf.ca /hoa/statutes/a04-1.htm   (2351 words)

  
 Advance Directives
The Illinois Living Will Act states that food and water shall not be withdrawn or withheld if doing so would result in death solely from dehydration or starvation rather than from the existing terminal condition.
Powers of attorney may become effective on the date they are signed, at a future date, or on the happening of a certain event (such as medical disability).Powers of attorney for property may be revoked or amended at any time and in any manner that communicates the desired change to your agent.
Third persons who in good faith rely upon a power of attorney are protected as long as the agency was properly created and the agent is acting within the scope of his or her power.
www.randrattys.com /html/advance_directives.htm   (998 words)

  
 Health Hippo: Advance Directives
The Assisted Suicide Funding Restriction Act of 1997, codified at 42 USC 14401.
The Patient Self-Determination Act requires hospitals, skilled nursing facilities, home health agencies, hospice programs and HMOs to maintain written policies and procedures guaranteeing that every adult receiving medical care be given written information concerning living wills, durable powers of attorney for health care or "Advance directives".
HCFA: Advance Directives You can decide in Advance what medical treatment you want to receive in the event you become physically or mentally unable to communicate your wishes.
hippo.findlaw.com /hippoadv.html   (770 words)

  
 Care and Consent Act   (Site not responding. Last check: 2007-11-05)
A person of any age who is capable of understanding and appreciating the consequences of their care decision has the right to give or refuse consent to care on any grounds.
Part 4 of the Care Consent Act includes temporary financial protection for people who are incapable of making a care decision and also not able to manage their financial affairs.
The advantage of making an advance directive is that you can appoint the person you want to play this role.
www.hss.gov.yk.ca /legislation/ccact.html   (630 words)

  
 Federal Law Regarding Advance Directives
If the patient is incapacitated at the time of admission and is unable to receive information or articulate whether he or she has executed an advance directive, the provider should give advance directive information to the patient's family or surrogate.
Since this provision has not been construed by the Minnesota Supreme Court in a case involving a conscience objection to advance directives, it is not clear the extent to which a provider could rely on this constitutional provision.
This education must minimally include what an advance directive is, emphasizing that an advance directive is designed to enhance an incapacitated individual's control over medical treatment, and describe applicable State law concerning advance directives.
www.health.state.mn.us /divs/fpc/profinfo/ib98_4.htm   (988 words)

  
 Advance Directives/Living Wills
Following are answers to several commonly asked questions about advance directives which we hope will help you to understand your rights.
Advance directives are documents signed by a competent person giving direction to health care providers about treatment choices in certain circumstances.
It is a good idea to review your advance directive each year to be sure it still says how you want to be treated and names an advocate you trust.
www.med.umich.edu /1libr/aha/umadvdir.htm   (1229 words)

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