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Advance Directives

04/30/2008 14:17

The Rights You Save Could Be Your Own

NOTE: This article is based on Connecticut law. If you are a Massachusetts resident, you should contact the Office of the Attorney General in Massachusetts (1-888-243-5337) for information regarding your state’s advance directive laws.

Planning in advance for our own future health care needs has definite benefits. Doing so allows us to protect our rights as patients to accept or refuse medical care should we be unable to verbalize our wishes due to illness or injury. Advance planning saves family, friends and physicians from the difficulty of making decisions based on guesswork about what your wishes might have been.

Advance health care directives are legal documents that state your wishes about what medical care you want to receive, and enable you to appoint someone to act on your behalf. You can create advance directives at any time without a lawyer by using forms you can obtain by contacting the Office of the Attorney General.

You should complete your advance directive(s) in advance of an incapacitating illness, accident or injury. There is no better time than right now to put yours in writing, no matter what your age. Your advance directive(s) can be revoked at any time. If you do change your mind, remember to tell your physician and others who have copies of your advance directive(s) as soon as possible.

Give a copy of your advance directive(s) to (a) all of your physicians, (b) anyone you have named as your health care representative, and (c) anyone who will make the existence of your advance directive(s) known if you cannot do so yourself, such as family members, close friends, your clergy or lawyer. Put a brightly colored card in your wallet stating you have an advance directive and where it can be found. Having advance directives should provide you some assurance that your wishes will be honored.

Limitations To Consider
While advance directives are meant to be followed to the letter, there are a few exceptions. For instance, if you travel out of state, your advance directive(s) may not be upheld there. You may want to discuss these documents with a lawyer or contact the Elder Service Division of any state you visit often and ask if they honor Connecticut advance directives.

Another limitation could arise in an emergency. When 911 is contacted, emergency medical services (EMS) personnel are required to resuscitate and stabilize you until you reach the hospital—irrespective of a “do not resuscitate” advance directive. In Connecticut, EMS personnel will honor this type of advance directive only if you are wearing a special DNR bracelet that states this preference. DNR (Do Not Resuscitate) bracelets can only be obtained with a doctor’s order.

Apart from these instances, advance directives are highly effective tools for preserving your rights in critical medical situations. They give you the assurance that your wishes will be carried out while providing your family, friends and health care providers with a clear understanding of your intentions. They strengthen the lines of communication between you and your doctors, and give you a voice in one of the most important and personal issues of your life.

Where To Get Advance Directive Forms
You may download an Advanced Directive Form from the Connecticut Attorney General’s Web site: www.cslib.org/attygenl/ Or you may call or write to:

Office of the Attorney General, State of Connecticut
55 Elm St.
P.O. Box 120
Hartford, CT 06141-0120
(860) 808-5318

NOTE: The information contained in this article is provided for your convenience and is based on a document titled Your Rights to Make Health Care Decisions, prepared by the Office of the Attorney General, Connecticut. This article is for informational purposes only and does not constitute legal advice. You should determine whether you want to consult a lawyer when making advanced care decisions.


Advance Directives:
  Living Will Health Care Representative
Type of Advance Directive* States your wishes regarding any kind of health care you may receive, including whether you want “life support systems” to keep you alive. It is effective only when you are unable to make or communicate your decisions about your medical care. A person you authorize to make any and all health care decisions on your behalf, including whether to withhold or withdraw life support systems. A health care representative cannot act unless you are unable to make or communicate your decisions about your medical care.

How to Sign Must be signed and dated in the presence of two witnesses. Must be signed and dated in the presence of two witnesses. A health care representative cannot be a witness.

Who Needs a Copy Keep the original and make copies for your family, physicians and anyone else you want to keep informed. Keep the original and make copies for your health care representative, physicians, family and anyone else you want to keep informed.

Revocation of Changes Can be revoked orally or in writing whenever you want. Inform your physicians and family and anyone who has a copy of your living will that you have revoked it. Can be revoked whenever you want but must be in writing and signed by two witnesses. Inform your health care representative, physicians, family and anyone else who has a copy of your advance directive that you have revoked it.

Whom to Contact for Form Office of the Attorney General at 860-808-5318 or www.cslib.org/attygenl/ Office of the Attorney General at 860-808-5318 or www.cslib.org/attygenl/

*You may complete one or two advance directives.