Advance directives are legal documents that allow you to put in writing what kind of health care you would want if you were too ill to speak for yourself. Advance directives most often include the following:
Talking to your family, friends, and health care providers about your wishes is important, but these legal documents ensure your wishes are followed. It’s better to think about these important decisions before you are ill or a crisis strikes.
A living will states which medical treatment you would accept or refuse if your life is threatened. Dialysis for kidney failure, a breathing machine if you can’t breath on your own, CPR (cardiopulmonary resuscitation) if your heart and breathing stop, or tube feeding if you can no longer eat are examples of medical treatment you can choose to accept or refuse.
A health care proxy (sometimes called a durable power of attorney for health care) is another way to make sure your voice is heard. You use it to name the person you wish to make health care decisions for you if you are’t able to make them yourself. Having a health care proxy is important because if you suddenly aren’t able to make your own health care decisions, someone you trust will be able to make these decisions for you.
Advance directives can also include after-death wishes such as organ and tissue donation.
If you already have advance directives, take time now to review them to be sure you are still satisfied with your decisions and your health care proxy is still willing and able to carry out your plans. Find out how to cancel or update them in your state if they no longer reflect your wishes. Make sure to give your new advance directives to your doctors, proxy, and family members.
Each state has its own laws for creating advance directives. For more information, contact your health care provider, an attorney, your local office on aging, or your state health department.
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Your right to use advance directives (such as a living will or a power of
attorney)
You have the right to ask someone such as a family member or friend to help you with decisions
about your health care. Sometimes, people become unable to make health care decisions for
themselves due to accidents or serious illness. If you want to, you can use a special form to give
someone the legal authority to make decisions for you if you ever become unable to make
decisions for yourself. You also have the right to give your doctors written instructions about
how you want them to handle your medical care if you become unable to make decisions for
yourself.
If you want to have an advance directive, you can get a form from your lawyer, from a social
worker, or from some office supply stores. You can sometimes get advance directive forms from
organizations that give people information about Medicare. You can also contact Member
Services for a sample form. You can also download a copy of the Advance Directive Form. Finally, we include this form in the post-enrollment welcome kit we send to all new HNE Medicare Advantage members.
Regardless of where you get this form, keep in mind that it is a legal document. You should consider having a lawyer help you prepare it. It is important to sign this form and keep a copy at home. You should give a copy of the form to your doctor and to the person you name on the form as the one to make decisions for you if you can’t. You may want to give copies to close friends or family members as well.
If you know ahead of time that you are going to be hospitalized, and you have signed an advance
directive, take a copy with you to the hospital. If you are admitted to the hospital, they will ask
you whether you have signed an advance directive form and whether you have it with you. If you
have not signed an advance directive form, the hospital has forms available and will ask if you
want to sign one.
Remember, it is your choice whether you want to fill out an advance directive (including whether
you want to sign one if you are in the hospital). According to law, no one can deny you care or
discriminate against you based on whether or not you have signed an advance directive. If you
have signed an advance directive, and you believe that a doctor or hospital hasn’t followed the
instructions in it, you may file a complaint with the Division of Health Care Quality, Complaint
Unit at 99 Chauncy Street, Boston, MA 02111. Their toll-free hotline is 800.462.5540.
Massachusetts Advance Directive Form
Living Will - Advance Directives Combined Form for Connecticut (PDF-122KB)
H8578_2016_049 Approved
The information on this page was last updated on 2/18/2016