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16-September-2008 16:15:16 - health care directive Redirected from Advance directive The Law of Wills, Trusts and Estate Administration Part of the common law series Wills Wills · Legal history of wills Joint wills and mutual wills · Will contract Codicils · Holographic will · Oral will Parts of a Will Attestation clause · Residuary clause Incorporation by reference Contesting a Will Testamentary capacity · Undue influence Insane delusion · Fraud Problems of property disposition Lapse and anti-lapse Ademption · Abatement Acts of independent significance Elective share · Pretermitted heir Trusts Generic Terms: Express trust · Constructive trust Resulting trust Common Types of Trust: Bare trust · Discretionary trust Accumulation and Maintenance trust Interest in Possession trust Charitable trust · Purpose trust Incentive trust Other Specific Types of Trust: Protective trust · Spendthrift trust Life insurance trust · Remainder trust Life interest trust · Reversionary interest trust Honorary trust · Asset-protection trust Special needs trust: general/U.S. Doctrines governing trusts Pour-over will · Cy-près doctrine Estate Administration Intestacy · Testator · Probate Power of appointment Simultaneous death · Slayer rule Disclaimer of interest Other related topics Living Wills advance directives Totten trust Other areas of the Common Law Contract law · Tort law · Property law Criminal law · Evidence Advance health care directives or advance directives are instructions given by an individual specifying what should be done for his or her health in case he or she is no longer able to make decisions. A living will is one type of advance directive. It is often accompanied by a specific type of power of attorney or health care proxy. These are legal instruments that are usually witnessed or notarized. It is often encouraged that people complete both documents to provide the most comprehensive guidance regarding their care.1 Studies have also shown that adults are more likely to complete documents written in everyday language.2 One example of a combination document written in everyday language is the Five Wishes advance directive. A living will usually covers specific directives as to the course of treatment that is to be taken by caregivers, or, in particular, in some cases forbidding treatment and sometimes also food and water, should the principal be unable to give informed consent individual health care instruction due to incapacity. A power of attorney for health care appoints an individual a proxy to direct health care decisions should the principal be unable to do so. As the name suggests, the term will to live, as opposed to the other terms, tends to emphasize the wish to live as long as possible rather than refusing treatment in the case of serious conditions. Refusal of treatment form Refusal of treatment form Contents 1 The Netherlands 2 Switzerland 3 United Kingdom 4 United States 5 See also 6 References 7 External links The Netherlands In the Netherlands, patients and potential patients can specify the circumstances under which they would want euthanasia for themselves. They do this by providing a written euthanasia directive. This helps establish the previously expressed wish of the patient even if the patient is no longer able to communicate. However, it is only one of the factors that is taken into account. Apart from the will in writing of the patients, at least two physicians, the second being totally unrelated to the first physician in a professional matter e.g. working in another hospital, no prior knowledge of the medical case at hand, have to agree that the patient is terminally ill and that no hope for recovery exists.citation needed Switzerland In Switzerland, there are several organizations which take care of registering patient decrees, forms which are signed by the patients declaring that in case of permanent loss of judgement e.g., inability to communicate or severe brain damage all means of prolonging life shall be stopped. Family members and these organizations also keep proxies which entitle its holder to enforce such patient decrees. Establishing such decrees is relatively uncomplicated.citation needed United Kingdom In the UK, people may make an advance directive or appoint a proxy under the Mental Capacity Act 2005. This is only for an advanced refusal of treatment for when the person lacks mental capacity and must be considered to be valid and applicable by the medical staff concerned. 3 United States In the United States, most states recognize living wills or the designation of a health care proxy.4 For example California does not recognize a living will but instead uses an Advanced Health Care Directive. 5 However, a report card issued by the Robert Wood Johnson Foundation in 2002 concluded that only seven states deserved an A for meeting the standards of the model Uniform Rights of the Terminally Ill Act.6 Surveys show that one-third of Americans say they've had to make decisions about end-of-life care for a loved one.7 See also Health care proxy Uniform Rights of the Terminally Ill Act Do Not Resuscitate Patient refusal of nutrition and hydration Estate planning Ulysses pact References ^ http://www.aoa.gov/prof/aoaprog/caregiver/carefam/taking_care_of_others/wecare/who-will-care.asp ^ http://pub.ucsf.edu/today/cache/feature/200710312.html ^ Johnston, Carolyn; Liddle, Jane 2007. The Mental Capacity Act 2005: a new framework for healthcare decision making. Journal Medical Ethics 33: 94-97. doi:10.1136/jme.2006.016972. PMID 17264196. ^ publicagenga.org ^ http://info.sen.ca.gov/cgi-bin/waisgate WAISdocID=83225218909+0+0+0WAISaction=retrieve ^ rwjf.org ^ publicagenda.org External links Five Wishes, a national advance directive featuring a combined living will and healthcare power of attorney available in 21 languages Caring Connections Free U.S. state specific advance directives Issue Guide on the Right to Die from Public Agenda Online Means to a Better End, Robert Wood Johnson Foundation, 2002 National Resource Center on Psychiatric Advance Directives Retrieved from http://en..org/wiki/Advance_health_care_directive Categories: Medical ethics | Euthanasia | Legal documents | Healthcare lawHidden categories: All articles with statements | Articles with statements since June 2008 Views Article Discussion this page History Personal tools Log in / create account Navigation Main page Contents Featured content Current events Random article Search Go Search Interaction Community portal Recent changes Contact Donate to Help Toolbox What links here Related changes Upload file Special pages Printable version Permanent link Cite this page Languages Deutsch Español Italiano This page was last modified on 15 August 2008, at 18:24
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