Advance Directives-Frequently Asked Questions
How to get the health care you want when you cannot express your wishes.
Wheaton Franciscan Healthcare wants to be sure that you are treated with respect and dignity. If you are ever unable to make, or express your own health care decisions, an advance directive may be helpful to insure that your caregivers honor your wishes.
Frequently Asked Questions:
What is an advance directive?
An advance directive is a legal document that you prepare before become unable to talk about your medical care wishes. The document tells your caregivers what treatments you want or do not want in terms of treatments. An advance directive also appoints someone to make those choices for you when you are unable to do so for yourself. Through an advance directive, your decisions become legal, and must be carried out by your caregivers.
What happens if I do not have an advance directive?
If you do not have an advance directive and become unable to make your own health care decisions, doctors will usually talk to your family. This works well as long as there are close family members around, and they all can agree on your care. However, if there is no immediate family, or if your family disagrees about your treatment, your doctor may ask the courts to appoint a guardian who will make your health decisions.
What is the difference between a living will and a power of attorney for health care?
A living will is a document that tells your physician to either provide, or not to allow, or even take away life-sustaining procedures if you are seriously sick and close to dying.
The power of attorney for health care lets you appoint someone you trust as the person you want to make health care decisions for you if you cannot do so yourself. It also gives them your directions so they can honor your wishes.
When does a power of attorney for health care become effective, and how long does it last?
The power of attorney for health care becomes effective when your doctor, and another doctor or licensed psychologist decide that you are unable to make your own health care decisions. The power of attorney for health care lasts forever unless you give an end date, take back the document, or if you become able to make your health care decisions again.
Do I need a lawyer to make a living will and/or a power of attorney for health care?
You do not need a lawyer to develop either healthcare document. However, you do need a lawyer to make a power of attorney for your money matters.
Who can serve as the person to make my health care decisions?
This person will be called your “healthcare agent.” They must be of sound mind and at least 18 years old. Usually it will be a close family member or friend. Your physician cannot do this for you.
Do I need a witness when I sign either document?
Yes. Your document must be signed by two people who are at least 18 years old, and they must watch you sign the document. Witnesses cannot be your physician or any family members who are related to you by blood or through marriage. Of the Wheaton Franciscan staff, only chaplains and social workers can be witnesses.
Does a living will or power of attorney for health care ever have to be renewed?
Once you sign the documents, you do not need to renew or redo either one. However, if you made your advance directive years ago, you may want to review it every now and then to see if it still expresses your wishes.
Can a living will or power of attorney for health care be cancelled?
Both a living will and a power of attorney for health care can be cancelled or taken away by you at any time, either by saying you want to cancel it, or by putting your wish to do so in writing.
Do my doctor and my healthcare agent have to follow my advance directives?
It is important to discuss your advance directives with all your caregivers so they know your wishes and can honor them. Some caregivers and physicians may have to follow hospital polices or personal beliefs that would prevent them from honoring some wishes in your advance directives.
Who should receive copies of my advance directives?
Your doctor needs to know about any advance directives you have, and they should have a copy on file. You should also give copies to the person you have asked to make decisions for you if you are unable to do so for yourself. Your spouse, your children, and other close family members or friends should receive a copy so that your wishes are known by those closest to you. You may also want to give copies to your lawyer and your clergy person.
For additional information, here are some helpful web sites about advance directives: