What is an Advance Health Care Directive? Back
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An Advance Health Care Directive (AHCD) is a written statement
that sets out guidelines that you wish followed for your health
care. It specifies another adult to make health care decisions
for you in case you are unable to do so, and enables you to
define the care and treatment you wish to have if you become
incapacitated and unable to communicate your desires.
An AHCD enables individuals to present in a legally recognized
document their desire to be cared for consistent with the
theology and practice of Christian Science, and to refuse
medical treatment. An AHCD can also help protect the person
you have appointed to be your health care agent from liability
for "failure to provide medical treatment" or "neglect"
because he or she is following your written instructions.
An AHCD must be signed either before a notary who swears that
the signer appears to be of sound mind, and under no duress,
fraud or undue influence, or before two witnesses who swear
to the same oath.
Is an AHCD the same as a Durable Power of Attorney for
Health Care? Is it the same as a living will? Back
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Not really. Many people confuse these three documents because
they do similar things. A Durable Power of Attorney for Health
Care names an agent to make health care decisions for you
if you cannot make the decisions yourself, and it gives your
agent guidelines to follow in making those decisions. A living
will states that you do not want any medical measures taken
to prolong your life if you are diagnosed with a life-threatening
injury or illness. An AHCD can do all that and more. Even
if you don't have anyone to name as an agent, you can still
set out guidelines for your health care in an AHCD. Also,
in an AHCD if you have someone to name as an agent, you can
delegate to them immediately the ability to make decisions
about your health care instead of waiting until you are no
longer able to make the decisions yourself.
What is an agent? Back
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An agent is someone you choose who steps into your shoes to
make decisions for you. If you name an agent in an AHCD, you
are giving them the authority to make decisions about your
health care. Therefore, you will probably want to consider
appointing an adult who is close to you who you know understands
and supports your wishes with respect to health care and treatment.
You are advised to talk with your proposed health care agent
about your care and treatment desires before completing your
AHCD.
What do I do if I have no one to name as an agent?
In an AHCD you do not need to name an agent. You can set out
the guidelines for your health care without naming an agent.
Do I need an AHCD if I'm a Christian Scientist? Back
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Yes. Even though you do not intend to seek medical care,
you might find yourself in a medical situation. It is important
for Christian Scientists to have such a document in effect
prior to the time of need. Health care providers such as paramedics,
ambulance attendants, and hospital staff are more likely to
respect your desire to refuse medical care if an AHCD can
be produced stating your directives for health care and designating
a representative to act on your behalf. To be well prepared
you need a written statement of your wishes. It is also important
that your AHCD is state-specific, is executed and applies
to the state you are living in: each state has variations
in law that your AHCD should cover in order to have maximum
validity when presented to the local authorities or medical
facilities.
I made a Durable Power of Attorney years ago. Do I need
an AHCD? Back to Top
If you have a document named "Durable Power of Attorney
for Health Care," it is probably out of date. California
laws have changed recently and while legally a valid Durable
Power of Attorney for Health Care should be honored, it is
probably old enough that a doctor might refuse to acknowledge
it. It is best to update your estate documents every five
years so that you can be current if state laws change and
so that doctors relying on your AHCD (or Durable Power of
Attorney for Health Care or your living will) know that it
reflects your current wishes.
What if I change my mind? Back
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You can always change or revoke an AHCD as long as you
are competent, which is to say that you fully understand what
you are doing. This means that you can change your choice
of agent, your guidelines for making health care decisions,
and anything else included in the AHCD.
How do I make sure that my wishes are followed?
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No one can guarantee that your wishes will be followed
exactly. However, the best chance you have of having your
wishes carried out is to set them out in writing in an AHCD
and to talk openly about your desires with your family members
and your close friends. Choosing an agent who will respect
your wishes whether or not he or she agrees with them is also
vital. Once you have an AHCD, you should keep the original
with your other estate documents such as your Will, Trust,
and Powers of Attorney. You also should give copies to those
you have chosen as your agents, as well as family members.
It would also be helpful to provide your local Christian Science
nursing facility with a copy to have on file. In any event,
bring a copy with you if you are being admitted to a nursing
facility, hospital, or other health care facility.
Where do I get an AHCD? Back
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You can easily obtain AHCD information and forms developed
specifically for Christian Scientists from a Christian Science
nursing home near you. If there is not one nearby try:
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Any attorney who practices estate planning, probate or trust
administration should also be able to draft an AHCD for you.
Attorneys who are familiar with Christian Science are usually
better able to draft guidelines that accurately reflect your
wishes. Many medical associations (such as the American
Medical Association) offer AHCD forms. Large stationery
stores often carry Wolcott's
AHCD forms. Forms designed for public use are a low-cost
option, but they may need to be changed to reflect your desires
for Christian Science care.
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