Living Will. Download online state specific an Advance Directive, Revocable Living Will Forms
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To better understand the issues relating to your legal situation or problem, our legal information and other law related facts may be of interest to you
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Anyone who has the capacity to make health care decisions can make a Health Care Directive.
Anyone who has the capacity to make health care decisions can make a Health Care Directive. A person 16 years of age or older is presumed to have that capacity. Anyone making a directive is presumed to be at least 16 unless the contrary is proven. A directive must be in writing, dated and signed. It becomes effective when the person loses capacity or is unable to communicate his or her wishes. The person appointed to make decisions is called a "Proxy." A Proxy must be at least 18 years old and must act in accordance with the list of principles that include the following:
1) follow the directions outlined in the directive; 2) follow the person's wishes; 3)act in the person's best interest;
A Proxy cannot make decisions about the following unless the directive specifically says otherwise:
1) medical treatment primarily for research; 2) sterilization that is not medically necessary for the protection of the person's health; 3)removal of tissue for transplantation or research.
There are usually additional provisions for more than one Proxy should they disagree. The court can review the conduct of a Proxy and terminate or replace him or her. A Proxy is protected from liability for actions made in good faith and is still entitled to rights he or she might have by a will or otherwise.
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