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Advance Healthcare Directive

Understand exactly what an advance healthcare directive does and how to put one in place.

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Quick answer

An advance healthcare directive is a legal document combining a living will and a healthcare power of attorney. It records your medical wishes and names who decides for you if you can't. The CDC reports only about one-third of U.S. adults have completed one.

An advance healthcare directive is the cornerstone document that keeps your medical wishes in force when you can't speak for yourself.

What does an advance healthcare directive include?

An advance healthcare directive typically includes two documents working together. The first is a living will, which spells out your wishes on life-sustaining treatment such as ventilators, CPR, feeding tubes, dialysis, and comfort or palliative care. The second is a healthcare power of attorney, sometimes called a healthcare proxy, which names a trusted person to make medical decisions when you cannot. Some states also offer a POLST or MOLST form for people with serious illness, signed by a physician. Together these documents ensure your care reflects your values rather than a stranger's best guess.

How do you make an advance healthcare directive valid?

To make your directive legally valid, complete your state's official form, which you can get free from your state health department or hospital. Sign it according to your state's rules โ€” most states require either notarization or two adult witnesses who are not your healthcare agent, your doctor, or your heirs. Then distribute copies to your healthcare agent, your physicians, and your hospital, and keep one at home where family can find it fast. You usually don't need a lawyer, though an elder law attorney can help with complicated situations.

Get free guidance on healthcare planning

Completing an advance healthcare directive protects you and your family, and the team at 1-800-MEDIGAP can help you understand how it fits with your Medicare and Medigap coverage. Our licensed advisors offer free, no-pressure guidance and can point you to reputable, low-cost resources for the legal documents themselves. Call 1-800-MEDIGAP (1-800-633-4427) today.

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Frequently asked questions

Is an advance healthcare directive the same as a DNR?+

No. A DNR (do-not-resuscitate order) is a specific medical order signed by a doctor that tells staff not to perform CPR. An advance healthcare directive is broader, covering many treatment wishes and naming a decision-maker. You can express DNR preferences within a directive, but a standalone DNR is a separate physician's order.

How much does an advance healthcare directive cost?+

An advance healthcare directive can cost nothing if you use your state's free official form and sign it with witnesses. If you have it notarized, expect a small notary fee, often under $25. Hiring an attorney to prepare one as part of a broader estate plan costs more but isn't required for most people.

Where should I keep my advance directive?+

Keep the original somewhere accessible at home, not locked in a safe-deposit box your family can't reach in an emergency. Give copies to your healthcare agent, primary doctor, and hospital. Some people carry a wallet card noting they have a directive and where to find it, which helps first responders act quickly.

Can my family override my advance directive?+

Generally no. A valid advance directive legally guides your care, and your named healthcare agent's decisions take priority over other relatives' wishes. That's why naming a trustworthy agent and discussing your values in advance matters. Conflicts are far less likely when your wishes are documented clearly and your agent understands them.

Does Medicare pay for help creating a directive?+

Medicare Part B covers voluntary advance care planning during your annual wellness visit and as a separate service at other times, so you can discuss a directive with your doctor. Costs may apply outside the wellness visit. Call 1-800-MEDIGAP (1-800-633-4427) to confirm your coverage details.

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Advance Healthcare Directive Explained | 1-800-MEDIGAP