Advance Directives Explained

The Two Documents You Need

Living Will

A living will takes effect only when you cannot communicate and you have a qualifying condition (typically terminal illness or permanent unconsciousness, as defined by state law). It addresses questions like: Do you want CPR attempted? Mechanical ventilation? Artificial nutrition and hydration? These are deeply personal choices, and writing them down spares your family from having to guess.

Health Care Proxy

A health care proxy names the person you trust to make medical decisions for you — your “agent” or “proxy.” Choose someone who can handle stress, ask doctors hard questions, and honor your wishes even if they disagree with them. Name a backup in case your first choice is unavailable. Then have the conversation: tell them what matters to you, not just which boxes you checked.

What Advance Directives Cannot Do

• They do not cover finances. A separate durable power of attorney handles money and property.
• They do not distribute property. That is the job of a will or trust.
• They do not override your competent decisions. As long as you can communicate your wishes, your current voice controls.

Making It Work in Practice

The most common failure of advance directives is not legal — it is practical. Studies consistently find that directives go unused because nobody knew they existed. After completing yours: tell your proxy where it is, give your doctor a copy for your medical record, discuss your values (not just your choices) with family, and review the document after any move to a new state, since forms and requirements differ.

Special Situations

People with dementia face a particular challenge: the directive must be completed while they still have capacity to understand it. Early action after a diagnosis matters. For those who are already incapacitated without a directive, families generally must seek guardianship through the courts — a slower, more expensive path that advance planning avoids.