Advance Directive

Overview
An Advance Directive is a legal document that outlines an individual’s preferences regarding medical treatment and healthcare decisions in the event that they become unable to communicate those wishes due to illness, injury, or incapacity. It serves to guide healthcare providers and family members in making decisions that align with the individual’s values and desires.

Detailed Explanation
There are two primary types of Advance Directives: the Living Will and the Durable Power of Attorney for Healthcare.

A Living Will specifies the types of medical treatments and interventions that a person wishes to accept or refuse, particularly in situations involving terminal illness or irreversible conditions. This document typically addresses issues such as:

• Life-sustaining treatments: Whether to continue or withhold treatments like artificial respiration or feeding tubes if the individual is in a vegetative state or terminal condition.
• Pain management: Preferences regarding the administration of pain relief medications even if they may hasten death.

A Durable Power of Attorney for Healthcare, on the other hand, allows an individual to appoint someone (often referred to as a healthcare proxy or agent) to make healthcare decisions on their behalf if they become incapacitated. This agent is expected to use their knowledge of the individual’s wishes to guide their decisions.

Examples
For instance, if an individual has a Living Will stating that they do not wish to be placed on a ventilator if they are diagnosed with a terminal illness, healthcare providers are obligated to respect that wish. If the individual has also designated a healthcare proxy, that person can ensure that the individual’s preferences are honored in complex medical situations that may not be specifically addressed in the Living Will.

In Texas, it’s important to ensure that Advance Directives comply with state laws, which may include specific forms and notarization requirements. Additionally, healthcare providers must be informed of the existence of these documents to ensure that they are followed during medical care.