According to Alaska Statute, an adult may prepare a written statement known as Advance Directive to control the health care treatment decisions that can be made on that person behalf
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The Alaska Advance Health Care Directive is any written instructions concerning the making of medical treatment decisions on
behalf of the person who has provided the instructions. An advance medical directive includes Living Will Declaration and/or
Power of Attorney for Health Care executed pursuant to Alaska Statutes, Title 47.
Legal Helpmate® provides you with two options
1) The Premium Package - Alaska Advance Health Care Directive contains the following documents:
- Alaska Living Will Declaration
- Alaska Power of Attorney for Health Care
- Durable Springing Power of Attorney for Property and Finance
2) The Basic Package - Alaska Advance Health Care Directive contains the following documents:
- Alaska Living Will Declaration
- Alaska Power of Attorney for Health Care
POWER OF ATTORNEY FOR HEALTH CARE
You have the right to make decisions about your health care. No health care may be given to you over your objection, and necessary health care may not be stopped or withheld if you object.
Because your health care providers in some cases may not have had the opportunity to establish a long-term relationship with you, they are often unfamiliar with your beliefs and values and the details of your family relationships. This poses a problem if you become physically or mentally unable to make decisions about your health care.
In order to avoid this problem, you may sign this legal document to specify the person whom you want to make health care decisions for you if you are unable to make those decisions personally. That person is known as your Health Care Agent.
The Alaska Power of Attorney for Health Care Decisions (POAHCD) is an important legal document. It gives your agent broad powers to make health care decisions for you.
You should take some time to discuss your thoughts and beliefs about medical treatment with the person or persons whom you have specified. You may state in the Alaska Power of Attorney for Health Care any types of health care that you do or do not desire and you may limit the authority of your Health Care Agent. If your Health Care Agent is unaware of your desires with respect to a particular health care decision, he or she is required to determine what would be in your best interests in making the decision.
You may limit the authority of your Health Care Agent.
This Health Care Power of Attorney revokes any prior power of attorney for health care that you may have made. If you wish to change your power of attorney for health care, you may revoke this document at any time by destroying it, by directing another person to destroy it in your presence, by signing a written and dated statement or by stating that it is revoked in the presence of two witnesses.
If you revoke, you should notify your agent, your health care providers and any other person to whom you have given a copy. If your agent is your spouse and your marriage is annulled or you are divorced after signing this document, the document is invalid.
You may also use the Alaska Power of Attorney for Health Care Decisions to authorize your attorney in fact to make an anatomical gift upon your death.
LIVING WILL DECLARATION
In Alaska any individual 18 years of age or older may, at any time, make a written advance directive declaration (Living Will) regarding the provision of health care to that individual, or the withholding or withdrawal of life-sustaining treatment.
A Living Will does not appoint an Agent. However, you may use the Living Will in addition to a Health Care Power of Attorney in your advance health care directive.
The Alaska Living Will is an important legal document known as an Advance Directive. It is designed to help you communicate your wishes about medical treatment at some time in the future when you are unable to make your wishes known because of illness or injury. These wishes are usually based on personal values. In particular, you may want to consider what burdens or hardships of treatment you would be willing to accept for a particular amount of benefit obtained if you were seriously ill.
Among the options that you may consider in your Alaska Living Will Declaration are:
- whether you want your life to be prolonged by life sustaining measures;
- whether you want to receive food/water through a tube;
- whether you want to be given cardiopulmonary resuscitation (CPR) in the event your heart stops beating;
- whether you want your doctor to put you on kidney dialysis;
- limiting the use of certain medications such as chemotherapy, antibiotics; and,
- whether you want the use of mechanical ventilators to aid or replace normal breathing.
- organ donation.
Before signing this important document you need to discuss you treatment with your physician in as many details as possible, and consider types of treatments that you want/do not want to be performed for you when you are unable to express your wishes because of your illness. Please make sure to state clearly particular treatments you want or do not want.
This document may not be changed or modified. If you want to make changes in the document, you must make an entirely new one.
THIS ALASKA LIVING WILL IS NOT VALID UNLESS IT IS SIGNED IN THE PRESENCE OF TWO COMPETENT ADULT WITNESSES. THE FOLLOWING PERSONS MAY NOT ACT AS ONE OF THE WITNESSES:
- the person you have designated as your agent;
- a person related to you by blood or marriage;
- a person entitled to any part of your estate after your death under a will or codicil executed by you or by operation of law;
- your attending physician;
- an employee of your attending physician;
- an employee of a health care facility in which you are a patient if the employee is providing direct patient care to you or is an officer, director, partner, or business office employee of the health care facility or of any parent organization of the health care facility; or
- a person who, at the time this power of attorney is executed, has a claim against any part of your estate after your death.
A health care provider who makes good faith health care decisions based on the provisions of an apparently genuine living will is immune from criminal and civil liability for those decisions
Do not sign these documents unless you clearly understand it. It is suggested that you keep the original of these legal forms on file with your physician and family members.
If there is something you do not understand about these Alaska Living Will Declaration and Alaska Health Care Power of Attorney you should consult an attorney.
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To better understand the health care and pecuniary related issues our legal articles, frequently asked questions, facts and other law related information may be of interest to you.
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How a Health Care Declaration and Health Care Power of Attorney Work
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Help Doctors with a Living Will
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