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There are two common types of advance directives that express your wishes about the health care you desire: Living wills. Durable power of attorney for healthcare.
Advance directives generally fall into three categories: living will, power of attorney and health care proxy.
A few states (Massachusetts, Missouri, Nebraska, and New Jersey) do not have laws dictating who can act in an incapacitated persons place. In those states, your family may have to go to court to get a guardian appointed.
When a proxy makes decisions that other parties, such as family members, disagree with, the authority of the proxy can be challenged. In order to address this issue, patients often draft a living will, which attempts to clarify the wishes of the patient.
The living will must be: In writing. Dated. Signed by declarant in the presence of two or more adult witnesses that arent related to the declarant. Substantially in the same form as the sample in Kansas Statute Section 65-28, 103.
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A living will is a written, legal document that spells out medical treatments you would and would not want to be used to keep you alive, as well as your preferences for other medical decisions, such as pain management or organ donation.
When a patient lacks decision-making capacity, the physician has an ethical responsibility to: Identify an appropriate surrogate to make decisions on the patients behalf: The person the patient designated as surrogate through a durable power of attorney for health care or other mechanism.
A living will is a legal document that sets out your wishes for your healthcare when you cannot share them yourself. It guides your family and healthcare providers when you are not in a condition to make decisions or express your wishes.
Generally, if the patient is incapacitated and there is no living will, and no durable power of attorney establishing a designated single decision maker, the provider will follow the wishes of family members in order of degree of relatedness.
A medical or health care power of attorney is a type of advance directive in which you name a person to make decisions for you when you are unable to do so. In some states this directive may also be called a durable power of attorney for health care or a health care proxy.

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