Advance Directives

An advance directive is a legal document that allows a person to appoint someone else to make health care decisions on their behalf if they become unable to do so. This document must be properly executed, either by notarization or by having two qualified witnesses, and the appointed agent is required to follow the person's wishes as expressed in the directive or, if unknown, to act in the person's best interests.

Jane creates an advance directive naming her sister, Mary, as her health care agent. After Jane suffers a severe stroke and is unable to communicate, Mary makes decisions about Jane's treatment based on Jane's previously expressed wishes. The hospital respects Mary's authority, and Jane receives the care she would have wanted.

Advance directives: your voice when you can't speak.

Exams may present scenarios where the agent's decisions conflict with the patient's wishes, testing your understanding of the agent's obligations. Students often overlook the requirement for the directive to be properly executed.

Questions typically involve fact patterns where a patient's incapacity leads to a dispute over the agent's authority or the interpretation of the patient's wishes, requiring candidates to analyze the validity and execution of the advance directive.