Under Connecticut law, an advance directive, also known as advance health care directive, is a written document that can encompass various forms, such as a living will, an appointment of a health care representative (medical power of attorney), and other related documents.
A living will allows an individual—the declarant or patient—to specify their medical preferences for circumstances where they cannot communicate those wishes directly, including end-of-life decisions.
Due to the importance of this document, it often includes a medical durable power of attorney, in which a declarant appoints a trusted person or a lawyer to make medical decisions on their behalf when they are unable to do so themselves.
Signing Requirements for Connecticut Advance Health Care Directive
To ensure a healthcare advance directive is legally valid and enforceable, the document must meet the requirements set in Section 19a-575 of the General Statute of Connecticut. The law also provides a standard form for this document that outlines what needs to be included. Here are the requirements:
Signing Requirements for Connecticut
Signature and date. The advance directive form must be signed and dated by the person creating the directive.
Witnesses. At least two individuals must witness the signing. These witnesses must confirm that the person making the directive was of sound mind and had a clear understanding of the document’s content.
Connecticut Advance Health Care Directive Revocation & Changing
In Connecticut, an advance directive for health care becomes effective when an attending physician or registered nurse decides you are unable to make your own medical decisions. The health care representative can ask for a written statement confirming your incapacity, and a physician or nurse is obligated to provide it.
According to Section 19a-579a of the General Statute of Connecticut, declarants can revoke an advance directive at any time and in any manner, regardless of the declarant’s mental or physical condition. Suppose a spouse is appointed as a Connecticut health care proxy—the designation is automatically revoked if the couple divorced or legally separated unless the declarant specifies otherwise.
Additional Legal Considerations for the Connecticut Advance Health Care Directive
As stated in Section 19a-580a, if a patient’s attending physician or health care provider is unwilling to follow the patient’s wishes regarding their medical treatment, they are required to quickly make arrangements to transfer the patient’s care to another provider who is willing to respect those wishes and abide by the law.
Section 19a-580g states that if an advance directive is created in another state or county and follows the laws of that place or Connecticut, and it doesn’t conflict with the state’s public policy, it is considered valid in Connecticut.
Health care providers can rely on such directives if a court approves them, if there’s a notarized statement confirming their validity, or if the provider makes the decision based on their own legal judgment.
Section 19a-577 provides an example of an advance directive form, which can be helpful for documenting health care wishes. However, using this form is not mandatory, so you can use other reliable forms to create your advance directive as long as they comply with Connecticut law.
How to Choose a Health Care Agent in Connecticut
To choose a health care agent in Connecticut, pick a reliable adult who is at least 18 years old. This person should understand your health care preferences and be willing to make decisions on your behalf. Make sure they are someone you trust to handle such responsibilities and who is comfortable discussing and implementing your wishes.
What Happens if You Don’t Have an Advance Directive in Connecticut?
If you don’t have an advance directive in Connecticut, medical decisions will be made by your closest relatives or a court-appointed representative. This can lead to uncertainty and conflicts about your wishes.
Having an advance directive is vital for health care planning, as it ensures your preferences are clearly documented and followed, giving your family confidence that your health care wishes will be respected.