Advance Directives
The Importance of Advance Directives
Each time you visit your physician, you make decisions regarding your personal
health care. You tell your doctor (generally referred to as a “physician”) about your medical problems. You then decide what treatment to accept. That
process works until you are unable to decide what treatments to accept or
become unable to communicate your decisions. Diseases common to aging
such as dementia or Alzheimer’s disease may take away your ability to decide
and communicate your health care wishes. Even young people can have
strokes or accidents that may keep them from making their own health care
decisions. Advance directives are a way to manage your future health care
when you cannot speak for yourself.
What is an Advance Directive?
“Advance directive” is a term that refers to your spoken and written instructions
about your future medical care and treatment. By stating your health care
choices in an advance directive, you help your family and physician understand
your wishes about your medical care. Indiana law pays special attention to
advance directives.
Advance directives are normally one or more documents that list your health
care instructions. An advance directive may name a person of your choice to
make health care choices for you when you cannot make the choices for
yourself. If you want, you may use an advance directive to prevent certain
people from making health care decisions on your behalf.
Your advance directives will not take away your right to decide your current
health care. As long as you are able to decide and express your own decisions,
your advance directives will not be used. This is true even under the
most serious medical conditions. Your advance directive will only be used
when you are unable to communicate or when your physician decides that
you no longer have the mental competence to make your own choices.
Are Advanced Directives Required?
Advance directives are not required. Your physician or hospital cannot require
you to make an advance directive if you do not want one. No one may discriminate
against you if you do not sign one. Physicians and hospitals often
encourage patients to complete advance directive documents. The purpose of
the advance directive is for your physician to gain information about your health
care choices so that your wishes can be followed. While completing an advance
directive provides guidance to your physician in the event that you are
unable to communicate for yourself, you are not required to have an advance
directive.
What happens if you do not have an Advanced Directive?
If you do not have an advance directive and are unable to choose medical care
or treatment, Indiana law decides who can do this for you. Indiana code § 16-
36 allows any member of your immediate family (meaning your spouse,parent, adult child, brother or sister) or a person appointed by a court to make
the choice for you. If you cannot communicate and do not have an advance
directive, your physician will try to contact a member of your immediate family.
Your health care choices will be made by the family member that your
physician is able to contact.
What Types of Advance Directives are Recognized in Indiana?
- Talking directly to your physician and family
- Organ and tissue donation
- Health care representative
- Living Will Declaration or Life-Prolonging Procedures Declaration
- Psychiatric advance directives Out of Hospital Do Not Resuscitate Declaration and Order
- Power of Attorney
For More information
Download the Advance Directive Brochure. Or contact the:
Indiana State Department of Health
2 North Meridian Street
Indianpolis, Indiana 46204
http://www.in.gov/isdh
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