Monthly Archives: October 2016

Advance Directives (also known as Living Wills)

The content below is a transcript of the NBI webcast Elder Law: Start to Finish, held October 2016

Anybody who has had any interactions with estate planning attorneys knows that we like to come up with as many names as possible for the same exact thing. Advance Directives are also known as:

  • Living Wills
  • Health Care Power of Attorney
  • Health Care Proxy

All of these legal devices essentially do the same thing: Setting a set of directions, to an agent, that you as the principal set forth so that somebody knows what your choices are for your end of life and after life decisions.

There is federal law that governs Advance Directives known as the Patient Self Determination Act (1992). This Act requires that all providers of services give written information to each individual concerning:

  • Rights to make decisions under State Law
  • Right to accept or refuse medical treatment
  • Right to formulate an advance directive

Every institution must provide you with information about advance medical directives, including the right to make your own decision, under the applicable state law. Under federal law, if any institution (including hospitals and health care agencies) wants federal funding they need to abide by this.

If you have additional questions about Advance Directives (also known as Living Wills) contact our estate planning attorney in Woodland Hills today.