advance healthcare directive advance healthcare directive an advance healthcare directive, also known as living will, personal directive, advance directive, medical directive or advance decision, is a legal document in which a person specifies what actions should be taken for their health if they are no longer able to make decisions for themselves because of illness or incapacity. in the u.s. it has a legal status in itself, whereas in some countries it is legally persuasive without being a legal document. wills, trustsand estates part of the common law series wills legal history of wills joint wills and mutual wills will contract codicil holographic will oral will sections attestation clause residuary clause incorporation by reference contest testamentary capacity undue influence insane delusion fraud no-contest clause property disposition lapse and anti-lapse ademption abatement satisfaction of legacies acts of independent significance elective share pretermitted heir wills and conflict of laws trusts express resulting constructive common types bare discretionary accumulation and maintenance interest in possession charitable purpose incentive other types protective spendthrift life insurance remainder life interest reversionary interest testamentary honorary asset-protection special needs supplemental needs governing doctrines pour-over will cy-près doctrine hague convention (conflict law) application in civil law dishonest assistance estate administration intestacy testator probate power of appointment simultaneous death slayer rule laughing heir advancement disclaimer of interest inheritance tax related topics advance directive (living will) blind trust forced heirship totten trust other common law areas contract tort property criminal law evidence a living will is one form of advance directive, leaving instructions for treatment. another form is a specific type of power of attorney or health care proxy, in which the person authorizes someone (an agent) to make decisions on their behalf when they are incapacitated. people are often encouraged to complete both documents to provide comprehensive guidance regarding their care, although they may be combined into a single form. an example of combination documents includes the five wishes in the united states. the term living will is also the commonly recognised vernacular in many countries, especially the u.k. background advance directives were created in response to the increasing sophistication and prevalence of medical technology. numerous studies have documented critical deficits in the medical care of the dying; it has been found to be unnecessarily prolonged, painful, expensive, and emotionally burdensome to both patients and their families. living will refusal of treatment form the living will is the oldest form of advance directive. it was first proposed by an illinois attorney, luis kutner, in a speech to the euthanasia society of america in 1967 and published in a law journal in 1969. kutner drew from existing estate law, by which an individual can control property affairs after death (i.e., when no longer available to speak for himself or herself) and devised a way for an individual to express their health care desires when no longer able to express current healthcare wishes. because this form of "will" was to be used while an individual was still alive (but no longer able to make decisions) it was dubbed the "living will". in the u.s., the patient self-determination act (psda) went into effect in december 1991, and required healthcare providers (primarily hospitals, nursing homes and home health agencies) to give patients information about their rights to make advance directives under state law. a living will usually provides specific directives about the course of treatment healthcare providers and caregivers are to follow. in some cases a living will may forbid the use of various kinds of burdensome medical treatment. it may also be used to express wishes about the use or foregoing of food and water, if supplied via tubes or other medical devices. the living will is used only if the individual has become unable to give informed consent or refusal due to incapacity. a living will can be very specific or very general. an example of a statement sometimes found in a living will is: "if i suffer an incurable, irreversible illness, disease, or condition and my attending physician determines that my condition is terminal, i direct that life-sustaining measures that would serve only to prolong my dying be withheld or discontinued." more specific living wills may include information regarding an individual's desire for such services such as analgesia (pain relief), antibiotics, hydration, feeding, and the use of ventilators or cardiopulmonary resuscitation. however, studies have also shown that adults are more likely to complete these documents if they are written in everyday language and less focused on technical treatments. however, by the late 1980s, public advocacy groups became aware that many people remained unaware of advance directives and even fewer actually completed them. in part, this was seen as a failure of health care providers and medical organizations to promote and support the use of these documents. the public's response was to press for further legislative support. the most recent result was the patient self-determination act of 1990, which attempted to address this awareness problem by requiring health care institutions to better promote and support the use of advance directives. living wills proved to be very popular, and by 2007, 41% of americans had completed a living will. in response to public needs, state legislatures soon passed laws in support of living wills in virtually every state in the union. however, as living wills began to be better recognized, key deficits were soon discovered. most living wills tended to be limited in scope and often failed to fully address presenting problems and needs. further, many individuals wrote out their wishes in ways that might conflict with quality medical practice. ultimately, it was determined that a living will alone might be insufficient to address many important health care decisions. this led to the development of what some have called "second generation" advance directives – the "health care proxy appointment" or "medical power of attorney." living wills also reflect a moment in time, and may therefore need regular updating to ensure that the correct course of action can be chosen. healthcare proxy main articles: health care proxy and power of attorney power of attorney statutes have existed in the united states since the days of "common law" (i.e., laws brought from england to the united states during the colonial period). these early powers of attorney allowed an individual to name someone to act in their stead. drawing upon these laws, "durable powers of attorney for health care" and "healthcare proxy appointment" documents were created and codified in law, allowing an individual to appoint someone to make healthcare decisions in their behalf if they should ever be rendered incapable of making their wishes known. people will normally benefit from having both a durable power of attorney and a healthcare proxy. a healthcare proxy document appoints a person, the proxy, who can make decisions on behalf of the granting individual in the event of incapacity. the appointed healthcare proxy has, in essence, the same rights to request or refuse treatment that the individual would have if still capable of making and communicating health care decisions. the appointed representative is authorized to make real-time decisions in actual circumstances, as opposed to advance decisions framed in hypothetical situations, as might be recorded in a living will. the healthcare proxy was rapidly accepted within the u.s. and authorizing legislation was soon enacted in most states. one problem with a conventional healthcare proxy is that it may not be possible for the appointed proxy to determine what care choices the individual would have made if still capable, as healthcare proxies may be too vague for meaningful interpretation. while a study comparing next-of-kin decisions on behalf of an incapacitated person, (who later recovered) found that these surrogates chose correctly 68% of the time overall. values-based directives one alternative to a conventional healthcare proxy is the values history, a "two-part advance directive instrument that elicits patient values about terminal medical care and therapy-specific directives." the goal of this advance directive is to move away from a focus on specific treatments and medical procedures to a focus on patient values and personal goals. studies suggest that values regarding financial and psychological burden are strong motivators in not wanting a broad array of end-of-life therapies. another alternative to a conventional healthcare proxy is the medical directive, a document that describes six case scenarios for advance medical decision-making. the scenarios are each associated with a roster of commonly considered medical procedures and interventions, allowing the individual to decide in advance which treatments are wanted or not wanted under the circumstances. a study conducted to address concerns that a non-statutory advance directive might leave an incapacitated person with a document that may not be honored found that they are generally accepted. psychiatric advance directives a psychiatric advance directive (pad), also known as a mental health advance directive, is a written document that describes what a person wants to happen if at some time in the future they are judged to have a mental disorder in such a way that they are deemed unable to decide for themselves or to communicate effectively. a pad can inform others about what treatment they want or do not want from psychiatrists or other mental health professionals, and it can identify a person to whom they have given the authority to make decisions on their behalf. a mental health advance directive is one kind of advance health care directive. legal foundations psychiatric advance directives are legal documents used by persons currently enjoying legal capacity to declare their preferences and instructions for future mental health treatment, or to appoint a surrogate decision maker through health care power of attorney (hcpa), in advance of being targeted by coercive mental health laws, during which they may be stripped of legal capacity to make decisions. in the united states, although 25 states have now passed legislation in the past decade establishing authority for pads, there is relatively little public information available to address growing interest in these legal documents. the joint commission on the accreditation of healthcare organizations (jcaho) requires behavioral health facilities to ask patients if they have pads. clinical benefits a nih-funded study conducted by researchers at duke university has shown that creating a pad with a trained facilitator increases therapeutic alliance with clinicians, enhances involuntary patients' treatment satisfaction and perceived autonomy, and improves treatment decision-making capacity among people labeled with severe mental illness. pads also provide a transportable document—increasingly accessible through electronic directories—to convey information about a detainee's treatment history, including medical disorders, emergency contact information, and medication side effects. clinicians often have limited information about citizens detained and labeled as psychiatric patients who present or are coercively presented and labeled as in crisis. a pad may help clinicians gain prompt access to relevant information about individual cases and thus improve the quality of clinical decision-making, and enhance patient safety and long-term autonomy. barriers national surveys in the united states indicate that although approximately 70% of people targeted by coercive psychiatry laws would want a pad if offered assistance in completing one, less than 10% have actually completed a pad. in a survey conducted of 600 psychiatrists, psychologists, and social workers showed that the vast majority thought advance care planning for crises would help improve patients' overall mental health care. further, the more clinicians knew about pad laws, the more favorable were their attitudes toward these practices. for instance, while most psychiatrists, social workers, and psychologists surveyed believed pads would be helpful to people detained and targeted for forced drugging and electroshock when labeled with severe mental illnesses, clinicians with more legal knowledge about pad laws were more likely to endorse pads as a beneficial part of patients' treatment planning. many clinicians reported not knowing enough about how pads work and specifically indicated they lacked resources to readily help patients fill out pads or to help their clients develop crisis plans. worldwide australia the laws regarding advance directives, powers of attorney, and enduring guardianships vary from state to state. in queensland, for example, the concept of an advance health directive is defined in the powers of attorney act of 1998 and guardianship and administration act of 2000. tasmania has no specific legislation concerning advance healthcare directives. advance care planning (acp) has been gaining prominence in australia for its role in enhancing a patient's autonomy and as an important component of good