Free Advance Directive Agreement Forms [PDF Download]

What is an Advance Directive?

An advance directive is a legal document that outlines a person's healthcare preferences when they cannot communicate their wishes. It includes instructions about the types of medical treatment they desire or refuse and appoints a healthcare proxy to decide on the principal's behalf.

This written document is crucial when a person (the principal) is incapacitated due to illness, a serious injury, or the late stage of some incurable disease and can't express their wishes. In those scenarios, an advance directive form is designed to guide both the physician and the family of the principal in making decisions that align with their values and preferences.

In this article, we will explore the purpose and meaning of advanced directives, their types, and when to use them. We will also provide some advance directive examples of situations where this document is often used.

Advance Directive vs. Living Will

Advance directive and living will are two terms often considered synonymous, but there’s an important distinction between these two legal concepts. 

The advance directive form actually consists of both a “Living Will” and a “Medical POA.” The living will component outlines explicitly an individual's preferences for medical treatment in the event of specific illnesses. It empowers them to choose whether to receive particular medical interventions or decline any treatment altogether. 

The other component of an advance directive form, a medical POA, designates a healthcare attorney-in-fact to advocate for these preferences and make decisions on behalf of the principal.

In contrast, a living will is a specific legal instrument that focuses only on articulating the principal's preferences for medical treatments under circumstances where they cannot communicate them.

So, while both documents concern medical care preferences, an advance directive encompasses broader legal authority by combining personal healthcare decisions with the appointment of a trusted representative to ensure those wishes are upheld.

Advance Directive Forms by State

Here, you have an advance directive template for each state in the USA, just a few clicks away.

What is Included in an Advance Directive?

An advance directive typically includes these essential parts:

How to Make an Advance Directive?

To successfully create a valid advance directive, follow these steps:

#1. Choose an Agent

The first step is to decide who your healthcare proxy (agent) will be. We already stated that an agent should be someone close to you and trustworthy. Make sure an agent meets legal requirements, i.e., to be an adult of sound mind, and have no conflicts of interest between your wishes and their intentions.

So, before choosing an agent, discuss it with your family members, friends, and doctors to make sure you are making the right choice. You can also select a secondary agent who will step in if the primary agent cannot carry out your wishes.

#2. Determine the End-of-Life Preferences

Next, determine your end-of-life preferences, which means deciding what medical treatments you find acceptable and which ones you are strictly opposed to. Consider different scenarios, as situations can become more complex than you initially planned, or conversely, simpler measures might be effective.

Take your time when deciding and discuss your preferences with your agent, family, and doctor to make sure you have made an informed decision.

#3. Fill Out the Advance Directive Form

Once you have decided on your agent, their authority, and your wishes, it's time to fill out the advance directive form. The easiest way to do so is to use our Contracts.net builder, which allows you to create a professional advance directive medical form with minimal time and effort.

This document always includes your personal information, details about your health state, the name of your healthcare agent, and detailed instructions about your medical care preferences.

#4. Sign and Acknowledge the Document

After filling out your form, you need to sign and date it in the presence of witnesses or a notary public, depending on your state's requirements. Otherwise, the document's validity might be questioned, leading to potential disputes.

Below this section, you will find signing requirements laws for each state. Note that witnesses cannot be the principal or agent's relatives, nor can they be beneficiaries in the principal's last will and testament. 

#5. File the Advance Directive

Finally, once your advance directive is signed and acknowledged, you should file it with your healthcare proxy, family members, and your primary care doctor. Remember to keep a copy for yourself in a safe place.

Some states, like California, Montana, and Virginia, allow you to register your advance directive for healthcare with a state registry or database, making it accessible for healthcare providers when they need it.

Advance Directive Laws

Each state outlines specific requirements for how advance directives must be signed, witnessed, or notarized. You can find details on these requirements in the table below: 

Does an Advance Directive Guarantee Your Wishes?

An advance directive guarantees your wishes within certain limits. Your healthcare proxy and doctors will try to honor your medical choices outlined in the directive, but not at any cost. 

Even if your decision seemed clear, it may not be possible or safe if later circumstances reveal complexities that suggest a different approach would be more appropriate. 

On the other hand, healthcare providers are not legally obligated to follow your advance directive because it is not a legally binding document. Therefore, a healthcare provider may refuse to take a medical decision stated in an advance directive for the following reasons:

• If it violates the healthcare institution's policy

• If it goes against accepted healthcare standards

• When it conflicts with the doctor's conscience

In such cases, the healthcare provider must promptly inform you and ensure you receive appropriate care from another provider who can accommodate your decision.

What Happens If You Don’t Have an Advance Directive?

If you don't have an advance directive, healthcare decisions may be made by family members or appointed doctors, as determined by state law. This often will be your spouse, parents if capable, adult children, or close relatives and friends.

State laws recognize the importance of advance directives and typically define who can be a healthcare proxy if you haven't chosen anyone. However, there is still a risk that decisions may not align with your wishes, even if made by someone close to you, leading to the potential treatment you would prefer to refuse or not receiving the desired care.

If a doctor is appointed to make decisions, they will base them on standard protocols or medical necessity, which still may not reflect your preferences.

Those are some of the reasons that indicate that having an advance directive is the best decision because it provides clarity and prevents potential confusion or misunderstandings among family members and healthcare providers. 

Advance Directive FAQ