ContractsCounsel Logo

Advance Healthcare Directive

Clients Rate Lawyers on our Platform 4.9/5 Stars
based on 10,551 reviews
No Upfront Payment Required, Pay Only If You Hire.
Home Types of Contracts Advance Healthcare Directive

Jump to Section

An advance healthcare directive is a legal document allowing you to decide on your medical treatment when incapacitated and unable to communicate your wishes. Additionally, an Advance Healthcare Directive can help to alleviate the burden on family members who may be unsure of what medical decisions to make in a crisis. It can also reduce the risk of family conflicts and disputes by providing clear instructions and designated decision-makers.

Essential Features of an Advance Healthcare Directive

  • Specify Medical Treatment Preferences. An advance healthcare directive allows you to specify your preferences for medical treatment in different scenarios, such as whether you want life-sustaining treatment to be withheld or withdrawn in the event of a terminal illness or permanent unconsciousness.
  • Designate a Healthcare Agent. A durable power of attorney for healthcare designates a trusted person to make medical decisions on your behalf if you cannot do so.
  • Ensure your Wishes are Followed. Creating an advance healthcare directive ensures your wishes are respected and followed even if you cannot communicate them.
  • Provide Guidance to Loved Ones. An advance healthcare directive can guide your loved ones about your medical treatment preferences, which can help reduce stress and conflict during difficult times.
  • Ensure Compliance with the Law. Advance healthcare directives are legally binding documents that ensure compliance with state law regarding medical treatment decisions.
  • Address End-of-life Care. An advance healthcare directive can also address end-of-life care preferences, such as hospice or palliative care, and provide instructions for organ donation.
  • Review and Update Regularly. It's important to regularly review and update your advance healthcare directive to ensure that it accurately reflects your current preferences and circumstances.

Individuals must consider creating an Advance Healthcare Directive regardless of age or health status. Accidents and illnesses can occur at any time, and having a directive can alleviate the burden on family members and healthcare providers who may be unsure of an individual's wishes.

By creating an Advance Healthcare Directive, individuals can ensure that their healthcare wishes are respected and that their loved ones are not left with difficult decisions to make during a medical crisis.

Benefits of Advance Healthcare Directives

  • Ensure that Your Wishes Are Respected. An advance healthcare directive allows you to make your medical treatment preferences known and ensure that your wishes are respected, even if you cannot communicate them.
  • Reduce Stress and Conflict. An advance healthcare directive can help reduce stress and conflict during difficult times by guiding your loved ones about your medical treatment preferences.
  • Designate a Trusted Healthcare Agent. A durable power of attorney for healthcare allows you to designate a trusted person to make medical decisions on your behalf if you cannot do so.
  • Ensure Compliance with the Law. Advance healthcare directives are legally binding documents that ensure compliance with state law regarding medical treatment decisions.
  • Address End-of-life Care. An advance healthcare directive can also address end-of-life care preferences, such as hospice or palliative care, and provide instructions for organ donation.
  • Reduce Healthcare Costs. By specifying your medical treatment preferences in advance, you may be able to avoid unnecessary healthcare costs and procedures.
  • Provide Peace of Mind. Knowing that your medical treatment preferences will be followed and that you have designated a trusted healthcare agent can provide peace of mind for you and your loved ones.

There are numerous benefits to having an Advance Healthcare Directive in place. First and foremost, it ensures that an individual's healthcare wishes are respected and followed even if they cannot communicate them. It can provide peace of mind for the individual and their loved ones.

Furthermore, healthcare providers can benefit from having an Advance Healthcare Directive on file, providing important information regarding an individual's preferences and medical history.

Creating an Advance Healthcare Directive may seem like a daunting task, but it is an important one.

By taking the time to document one's healthcare preferences and designate a trusted individual to make decisions on their behalf, individuals can ensure that their wishes are respected and that their loved ones are not left with difficult decisions to make. An Advance Healthcare Directive is essential to any comprehensive healthcare plan and can provide valuable peace of mind for individuals and their families.

Meet some lawyers on our platform

Jeremiah C.

96 projects on CC
CC verified
View Profile

Daniel R.

125 projects on CC
CC verified
View Profile

Scott S.

60 projects on CC
CC verified
View Profile

Forest H.

199 projects on CC
CC verified
View Profile

Steps to Create an Advance Healthcare Directive

  1. Decide What Medical Treatments You Would Want. Consider your values, beliefs, and medical history to determine what medical treatments you would want or not want in different scenarios.
  2. Choose a Healthcare Agent. Choose someone you trust to make medical decisions for you if you cannot. Discuss your values and treatment preferences with them so they can make decisions that align with your wishes.
  3. Obtain an Advance Healthcare Directive Form. You can obtain an advance healthcare directive form from your doctor or the Office of the Attorney General's website.
  4. Complete the Form. Follow the instructions on the form to complete it, including naming your healthcare agent and specifying your medical treatment preferences.
  5. Sign the Form. Sign the completed form in the presence of two witnesses or a notary public.
  6. Distribute Copies. Make copies of the completed and signed form and distribute them to your healthcare agent, doctor, loved ones, and anyone needing to know your medical treatment preferences.
  7. Review and Update Regularly. Review and update your advance healthcare directive regularly to reflect your current preferences and circumstances accurately.

It's important to note that the steps may vary based on your circumstances and the type of advance healthcare directive you choose to create. It's always a good idea to consult a lawyer or legal professional for guidance in creating an advance healthcare directive.

Key Terms for Advance Healthcare Directives

  • Healthcare Agent: A person designated in the advance healthcare directive to make medical decisions on your behalf if you are unable to do so.
  • Medical Treatment Preferences: The specific medical treatments or procedures you would want or not want in various scenarios, as outlined in the advance healthcare directive.
  • Life-Sustaining Treatment: Medical treatment or procedures used to prolong life, such as feeding tubes, ventilators, or CPR.
  • End-of-Life Care: Medical care provided to individuals approaching the end of their life, typically focused on ensuring comfort and quality of life.
  • Capacity: The legal and medical ability to make decisions about one's medical care. To create an advance healthcare directive, you must have the capacity to understand and make decisions about your medical treatment preferences.

Final Thoughts on Advance Healthcare Directives

Creating an advance healthcare directive is an important part of planning for your future medical care. By outlining your medical treatment preferences and designating a healthcare agent, you can ensure that your wishes are respected and that your medical care aligns with your values and beliefs.

Regularly reviewing and updating your advance healthcare directive is important to ensure that it accurately reflects your current preferences and circumstances. Consulting with a legal professional can help ensure that your advance healthcare directive is legally binding and provides peace of mind by knowing your medical care is in good hands.

If you are looking to get free pricing proposals from vetted lawyers that are 60% less than typical law firms, you can click here to get started. By comparing multiple proposals for free, you can save the time and stress of finding a quality lawyer for your business needs.

Need help with an Advance Healthcare Directive?

Create a free project posting

Meet some of our Advance Healthcare Directive Lawyers

Jeremiah C. on ContractsCounsel
View Jeremiah
5.0 (42)
Member Since:
March 5, 2021

Jeremiah C.

Partner/Attorney at Law
Free Consultation
Houston
16 Yrs Experience
Licensed in NV, TX
Thomas Jefferson

Creative, results driven business & technology executive with 24 years of experience (15+ as a business/corporate lawyer). A problem solver with a passion for business, technology, and law. I bring a thorough understanding of the intersection of the law and business needs to any endeavor, having founded multiple startups myself with successful exits. I provide professional business and legal consulting. Throughout my career I've represented a number large corporations (including some of the top Fortune 500 companies) but the vast majority of my clients these days are startups and small businesses. Having represented hundreds of successful crowdfunded startups, I'm one of the most well known attorneys for startups seeking CF funds. I hold a Juris Doctor degree with a focus on Business/Corporate Law, a Master of Business Administration degree in Entrepreneurship, A Master of Education degree and dual Bachelor of Science degrees. I look forward to working with any parties that have a need for my skill sets.

Matthew S. on ContractsCounsel
View Matthew
4.9 (11)
Member Since:
August 5, 2020

Matthew S.

Attorney
Free Consultation
Flemington, NJ
40 Yrs Experience
Licensed in NJ, NY
Benjamin N. Cardozo School of Law (Yeshiva University)

I am a 1984 graduate of the Benjamin N Cardozo School of Law (Yeshiva University) and have been licensed in New Jersey for over 35 years. I have extensive experience in negotiating real estate, business contracts, and loan agreements. Depending on your needs I can work remotely or face-to-face. I offer prompt and courteous service and can tailor a contract and process to meet your needs.

Daehoon P. on ContractsCounsel
View Daehoon
4.7 (116)
Member Since:
November 26, 2021

Daehoon P.

Corporate Lawyer
Free Consultation
New York, NY
9 Yrs Experience
Licensed in NY
American University Washington College of Law

Advised startups and established corporations on a wide range of commercial and corporate matters, including VC funding, technology law, and M&A. Commercial and Corporate Matters • Advised companies on commercial and corporate matters and drafted corporate documents and commercial agreements—including but not limited to —Convertible Note, SAFE, Promissory Note, Terms and Conditions, SaaS Agreement, Employment Agreement, Contractor Agreement, Joint Venture Agreement, Stock Purchase Agreement, Asset Purchase Agreement, Shareholders Agreement, Partnership Agreement, Franchise Agreement, License Agreement, and Financing Agreement. • Drafted and revised internal regulations of joint venture companies (board of directors, employment, office organization, discretional duty, internal control, accounting, fund management, etc.) • Advised JVs on corporate structuring and other legal matters • Advised startups on VC funding Employment Matters • Drafted a wide range of employment agreements, including dental associate agreements, physician employment agreements, startup employment agreements, and executive employment agreements. • Advised clients on complex employment law matters and drafted employment agreements, dispute settlement agreements, and severance agreements. General Counsel • As outside general counsel, I advised startups on ICOs, securities law, business licenses, regulatory compliance, and other commercial and corporate matters. • Drafted or analyzed coin or token sale agreements for global ICOs. • Assisted clients with corporate formations, including filing incorporation documents and foreign corporation registrations, drafting operating and partnership agreements, and creating articles of incorporation and bylaws. Dispute Resolution • Conducted legal research, and document review, and drafted pleadings, motions, and other trial documents. • Advised the client on strategic approaches to discovery proceedings and settlement negotiation. • Advised clients on employment dispute settlements.

Nicholas M. on ContractsCounsel
View Nicholas
5.0 (28)
Member Since:
June 1, 2023

Nicholas M.

President/Attorney
Free Consultation
Providence, Rhode Island
14 Yrs Experience
Licensed in CT, MA, NC, RI
The Catholic University of America, Columbus School of Law

Nicholas Matlach is a cybersecurity expert (CISSP) and an attorney who is dedicated to helping small businesses succeed. He is a client-focused professional who has a deep understanding of the challenges that small businesses face in the digital age. He also provides legal counsel to small businesses on a variety of issues, including formation, intellectual property, contracts, and employment law.

Steven W. on ContractsCounsel
View Steven
4.8 (3)
Member Since:
June 2, 2023

Steven W.

Attorney
Free Consultation
Charlotte, North Carolina
3 Yrs Experience
Licensed in NC
North Carolina Central University

Attorney Steven Wax is ardent about helping his clients. Whether creating personalized estate plans, drafting and negotiating contracts or other legal matters. Steven’s goal is to assist and counsel his clients to protect them and their loved ones. Steven grew up on Long Island, New York. He attended the University of Massachusetts in Amherst earning a BS in Sport Management. He earned his paralegal certificate at Duke University and earned his Juris Doctorate from North Carolina Central University School of Law in Durham, NC. Steven has an extensive legal career in the life science sector, working for some of the world’s largest Contract Research Organizations since 2013. Steven has negotiated a broad range of contracts for both businesses and individuals. Steven participated in the NCCU Elder Law Project, where he prepared wills, durable powers of attorney, living wills, and health care powers of attorneys for low/fixed income clients in Durham and surrounding counties. Steven finds meaningful ways to share his skills and passion with his community. Steven volunteers his time to Wills for Heroes, which provides no-cost estate planning documents to first responders and their families, through the NC Bar Foundation.

Jocelyne U. on ContractsCounsel
View Jocelyne
Member Since:
May 30, 2023

Jocelyne U.

Attortney
Free Consultation
Las Vegas, Nevada
22 Yrs Experience
Licensed in MI, NV
University of Detroit Mercy

Jocelyne Uy graduated from law school in 2002 where she began her career in insurance defense where she practiced a wide range of issues relating to insurance policies and claims. Identifying a need for representation for those working cross border, Jocelyne understood the unique interplay of the laws of Canada and the U.S. and started her first firm in Michigan focusing on Canadian American immigration and tax law. Jocelyne and her partner realize that Nevada residents continuously face challenges in finding affordable and accessible representation to assist with their debt issues. Because of these challenges and continuous shifting economy, they are committed to assisting anyone who finds themselves struggling to handle the debt and credit cycle that often feels hopeless and endless. Jocelyne's firm has assisted clients in post-COVID financial crisis ranging from credit card debt, student loan debt, and COVID unemployment repayment hearings.

William W. on ContractsCounsel
View William
Member Since:
June 6, 2023

William W.

Principal Attorney
Free Consultation
St. Louis
4 Yrs Experience
Licensed in MO
Saint Louis University School of Law

My name is Will, and I'm the Principal Attorney at Accelerate Law STL, a startup attorney who helps entrepreneurs and small businesses with everything from formation to IPO. Whether your small to mid-sized business needs help drafting or reviewing contracts, securing intellectual property, complying with government regulations, or even streamlining your business' internal policies, I'm prepared to help.

Find the best lawyer for your project

Browse Lawyers Now

Need help with an Advance Healthcare Directive?

Create a free project posting
Family lawyers by top cities
See All Family Lawyers
Advance Healthcare Directive lawyers by city
See All Advance Healthcare Directive Lawyers

ContractsCounsel User

Recent Project:
Highly
Location: Pennsylvania
Turnaround: Less than a week
Service: Drafting
Doc Type: Advance Health Directive
Number of Bids: 4
Bid Range: $200 - $750

ContractsCounsel User

Recent Project:
Health care proxy
Location: Florida
Turnaround: Over a week
Service: Drafting
Doc Type: Advance Health Directive
Number of Bids: 5
Bid Range: $125 - $750
related contracts
See More Contracts
other helpful articles

Need help with an Advance Healthcare Directive?

Create a free project posting

Want to speak to someone?

Get in touch below and we will schedule a time to connect!

Request a call

Find lawyers and attorneys by city