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Frequently Asked Questions
In South Carolina, the Death With Dignity Act allows a person to make a declaration stating that no life-sustaining procedures be used to prolong dying if the person's condition is terminal or if the person is in a state of permanent unconsciousness.What is a Living Will?A Living Will allows you to have a say in the type of health care treatment you receive should you find yourself unable to act for yourself. A Living Will is also commonly known as a Health Care Directive.What is a Medical Power of Attorney?A Medical Power of Attorney allows you to appoint someone to make health care decisions on your behalf should you find yourself unable to act for yourself.What is the difference between a Living Will and a Last Will and Testament?A Living Will deals with the type of health care treatment you will receive while alive. In contrast, a Last Will determines how your estate will be dispersed after you pass. Both documents are part of a strong estate plan.


Your Medical Power of Attorney

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APPOINTMENT OF HEALTH CARE AGENT

I, _________________________, of ____________________________, ______________________________, Virginia, being of sound mind, voluntarily create this Appointment of Health Care Agent.

PRIOR DESIGNATIONS
I revoke any prior Appointment of Health Care Agent.

APPOINTMENT OF HEALTH CARE AGENT
In the event that I have been determined to be incapable of providing informed consent for medical treatment and surgical and diagnostic procedures, I wish to designate as my agent for health care decisions:

_______________________
_______________________
_______________________, Virginia, __________
Telephone: __________
Relationship: _______________________

AGENT'S AUTHORITY
My agent is authorized to act for me in all matters relating to my health care. My agent's powers include, but are not limited to:

  • Full power to consent, refuse consent, or withdraw consent to all medical, surgical, hospital and related health care treatments and procedures on my behalf, according to my wishes as stated in this document, or as stated in a separate Living Will, Health Care Directive, or other similar type document, or as expressed to my agent by me;
  • Full power to make decisions on whether to provide, withhold, or withdraw artificial nutrition and hydration on my behalf, according to my wishes as stated in this document, or as stated in a separate Living Will, Health Care Directive, or other similar type document, or as expressed to my agent by me;
  • Full power to review and receive any information regarding my physical or mental health, including medical and hospital records, in accordance with the Health Insurance Portability and Accountability Act of 1996, 42 USC 1320d ("HIPAA"), and the American Recovery and Reinvestment Act of 2009 ("ARRA");
  • Full power to sign any releases in order to obtain this information;
  • Full power to sign any documents required to request, withdraw, or refuse treatment or to be released or transferred to another medical facility.

My agent does not have authority to act for me for any other purpose unrelated to my health care. All of my agent's actions under this power during any period when I am unable to make or communicate health care decisions have the same effect on my heirs, devisees and personal representatives as if I were competent and acting for myself.

WHEN AGENT'S AUTHORITY BECOMES EFFECTIVE
The designation of my health care agent will become effective on my inability to make or communicate health care decisions as determined by my attending physician and will remain in effect until my death, or until I regain competence and revoke it.

AGENT'S OBLIGATIONS
My agent will make health care decisions for me in accordance with this document, and in accordance with any instructions I give in a Living Will, Health Care Directive or other such document (either included in this document or as a separate document), and my other wishes to the extent known to my agent. To the extent my wishes are unknown, my agent will make health care decisions for me in accordance with what my agent determines to be in my best interest. In determining my best interest, my agent will consider my personal values to the extent known to my agent.

EFFECT OF COPY
A copy of this Appointment of Health Care Agent has the same effect as the original.

SEVERABILITY
If any part or parts of this Appointment of Health Care Agent is found to be invalid or illegal under applicable law by a court of competent jurisdiction, the invalidity or illegality of such part or parts shall not in any way affect the remaining parts, and this document shall be construed as though the invalid or illegal part or parts had never been included herein. But if the intent of this Appointment of Health Care Agent would be defeated by such construction, then it shall not be so construed.

SIGNATURE
This Appointment of Health Care Agent is made after careful reflection, while I am of sound mind. I am fully informed as to all contents of this document and understand the full import of this grant of powers to my agent. I fully understand that by signing this document, I will permit my agent to make health care decisions for me. I understand that my signature on this document gives my agent authority to provide, withhold, or withdraw consent to health care treatments or procedures on my behalf; to apply for public benefits to defray the cost of my health care; and to authorize my admission to or transfer from a health care facility. I further affirm that I am not signing this document as a condition of treatment or admission to a health care facility.

   

Signature:

_________________________

Name:

_________________________

Date:

April 23, 2018

Place:

____________________, Virginia


STATEMENT OF WITNESSES

I, the undersigned witness, declare that _________________________, the person who signed this document, is personally known to me and appears to be of sound mind and acting of her own free will and under no duress. She signed (or asked another to sign for her) this document in my presence. I further declare that I am at least 18 years of age, I am not entitled to any portion of _________________________'s estate, not financially responsible for _________________________'s health care, not named as _________________________'s health care Agent in this document, and that I am not married to _________________________ and not related to _________________________ by blood or adoption.


First witness

____________________________
(signature of witness)

____________________________
(print name)

_________________________________
(address)

________________________________
(city) (state)

___________________________
(date)


Second witness

____________________________
(signature of witness)

____________________________
(print name)

_________________________________
(address)

________________________________
(city) (state)

___________________________
(date)



RECORD OF COPIES

Record of people and institutions to whom I have given a signed copy of this document:

1. ____________________________________  Date: ____________________
2. ____________________________________  Date: ____________________
3. ____________________________________  Date: ____________________
4. ____________________________________  Date: ____________________
5. ____________________________________  Date: ____________________


ADVANCE MEDICAL DIRECTIVE

If I, _________________________, become incapacitated and am unable to direct my health care providers as to my own health care, I direct that this statement be read as a true reflection of my health care wishes.

DEFINITIONS
For the purposes of this document, the following definitions apply:

  1. "Artificially administered food and water" (or artificial nutrition and hydration) means the provision of nutrients or fluids by a tube inserted in vein, under the skin in the subcutaneous tissues, or in the stomach (gastrointestinal tract).
  2. "Attending physician" means the physician licensed by the state board of medicine, selected by or assigned to the patient, and who has primary responsibility for the treatment and care of the patient.
  3. "Comfort care" means treatment, including prescription medication, provided to the patient for the sole purpose of alleviating pain. Artificially administered food and water is not included.
  4. "Health care provider" or "provider" means any person licensed, certified, or otherwise authorized by law to administer health care in the ordinary course of business or practice of a profession.
  5. "Irreversible (Permanent) Coma" means a profound state of unconsciousness caused by disease, injury, poison, or other means and for which it has been determined that there exists no reasonable expectation of regaining consciousness.
  6. "Life-prolonging procedure" (or "life-sustaining procedure") means any medical procedure, treatment, or intervention which sustains, restores, or supplants a spontaneous vital function. In this document the term does not include sustenance and hydration administration, or the provision of medication or the performance of medical procedure, when such medication or procedure is deemed necessary to provide comfort care or to alleviate pain.
  7. "Persistent vegetative state" means a permanent and irreversible condition in which there is:
          a. The absence of voluntary action or cognitive behavior of any kind.
          b. An inability to communicate or interact purposefully with the environment.
  8. "Terminal condition" means a condition caused by injury, disease, or illness from which there is no reasonable medical probability of recovery and which, without treatment, can be expected to cause death.

MEDICAL DIRECTIONS AND END-OF-LIFE DECISIONS
I direct that my health care providers and others involved in my care, provide, withhold, or withdraw treatment in accordance with my directions below:

  1. If I have an incurable and irreversible (terminal) condition that will result in my death within a relatively short time, I direct that:
    • I be kept on any artificial life support as long as possible within the limits of generally accepted health care standards.
    • I be artificially administered food and water, even if that has the effect of prolonging my life.
    • I be provided comfort care, and relief from pain, including any pain reduction medication, even if doing so would prolong my life.
  2. If I am diagnosed as being in an irreversible coma and, to a reasonable degree of medical certainty, I will not regain consciousness, I direct that
    • I be kept on any artificial life support as long as possible within the limits of generally accepted health care standards.
    • I be artificially administered food and water, even if that has the effect of prolonging my life.
    • I be provided comfort care, and relief from pain, including any pain reduction medication, even if doing so would prolong my life.
  3. If I am diagnosed as being in a persistent vegetative state and, to a reasonable degree of medical certainty, I will not regain consciousness, I direct that:
    • I be kept on any artificial life support as long as possible within the limits of generally accepted health care standards.
    • I be artificially administered food and water, even if that has the effect of prolonging my life.
    • I be provided comfort care, and relief from pain, including any pain reduction medication, even if doing so would prolong my life.

PREGNANCY
Notwithstanding my other directions, if I am known to be pregnant, I do not want life-sustaining treatment, artificially provided nourishment or fluids and comfort care treatment, to be withheld or withdrawn if it is possible that the embryo/fetus will develop to the point of live birth with their continued application.


ADDITIONAL INSTRUCTIONS
 I have no additional instructions. I understand that I may change the above-listed directives at any time by revoking this declaration and writing a new one.

EFFECT OF COPY
A copy of this Advance Medical Directive has the same effect as the original.

SEVERABILITY
If any part or parts of this Advance Medical Directive is found to be invalid or illegal under applicable law by a court of competent jurisdiction, the invalidity or illegality of such part or parts shall not in any way affect the remaining parts, and this document shall be construed as though the invalid or illegal part or parts had never been included herein. But if the intent of this Advance Medical Directive would be defeated by such construction, then it shall not be so construed.

SIGNATURE
This document is made upon careful reflection. Options that I have considered and rejected are not printed above. I confirm that the health care directions contained herein were made after careful consideration and in full awareness of other options that may have been available to me. I declare that I am an adult in the Commonwealth of Virginia, that I understand the full import of this declaration, and that I am emotionally and mentally competent to give these directions.

Signed at ____________________, in the Commonwealth of Virginia, this 23rd day of April, 2018.

Signature:

_________________________

Name:

_________________________

Address:

____________________________

 

______________________________, Virginia


STATEMENT OF WITNESSES

  1. I declare under penalty of perjury under the laws of the Commonwealth of Virginia that:
  2. The individual who signed or acknowledged this Advance Medical Directive, _________________________, is personally known to me, or her identity was proven to me by convincing evidence;
  3. _________________________ appeared to be eighteen (18) years of age or older, or of the legal age in this state to create this type of document;
  4. I am of at least eighteen (18) years of age and _________________________ signed or acknowledged this Advance Medical Directive in my presence;
  5. _________________________ appears to be of sound mind and under no duress, fraud, or undue influence;
  6. I am not a person appointed as _________________________'s health care agent;
  7. I am not _________________________'s health care provider, an employee of _________________________'s health care provider, the operator of a community care facility, an employee of an operator of a community care facility, the operator of a residential care facility for the elderly, nor an employee of an operator of a residential care facility for the elderly; and
  8. I am not related to _________________________ by blood or marriage and I would not be entitled to any portion of _________________________'s estate on her death.

First witness

____________________________
(signature of witness)

_______________________
(print name)

____________________________
(address)

____________________________
(city) (state)

______________
(date)

Second witness

____________________________
(signature of witness)

_______________________
(print name)

____________________________
(address)

____________________________
(city) (state)

______________
(date)


RECORD OF COPIES

Record of people and institutions to whom I have given a signed copy of this document:

1. ____________________________________  Date: ____________________
2. ____________________________________  Date: ____________________
3. ____________________________________  Date: ____________________
4. ____________________________________  Date: ____________________
5. ____________________________________  Date: ____________________

Health Care Directive

What is a Health Care Directive?

A directive allows you to plan your medical treatment in advance should there ever come a time when you are unable to express your personal health care wishes.

A Health Care Directive is also known as:

  • Advance Directive
  • Living Will Form
  • Advance Healthcare Directive
  • Medical Directive
  • Living Will
  • Advance Decision Form

What is a Medical Power of Attorney?

A Medical Power of Attorney is a document used to appoint someone to make medical decisions on your behalf.

A Medical Power of Attorney is also known as:

  • Health Care Power of Attorney
  • Health Care Proxy
  • Durable Power of Attorney for Health Care
  • Power of Attorney Medical

What is a Living Will?

A Living Will is a document that you use to indicate your medical wishes in the event you are incapacitated or cannot consent to your health care treatment.

Is a Living Will the same as a Health Care Directive?

Some states use the terms Living Will and Health Care directive interchangeably, and some states use one term but not the other. Generally, a Living Will and a Health Care Directive both dictate your health care preferences in the event of a medical emergency or incapacitation.

A Health Care Directive may also be used to refer to a document that contains a Living Will and a Medical Power of Attorney. In addition, different states have varying requirements in what constitutes a Living Will or Health Care Directive.

It's important to check your state's laws regarding these documents to determine exactly which documents you need to express your wishes.

What is the difference between a Living Will and a Last Will and Testament?

If you are unable to express your health care wishes in the future, hospitals and family will reference your Living Will as a statement of your medical wishes.

Alternatively, a Last Will and Testament is a document used to indicate how you would like your assets divided or children cared for after your death. You cannot specify medical treatment preferences with a Last Will.

Why should I create a Health Care Directive?

Without a Living Will, the burden of making your medical decisions falls on your family members. Creating a personal directive not only gives you control of your medical wishes but it saves your family from making tough treatment choices on your behalf.

Additionally, appointing a Medical Power of Attorney allows you to discuss your treatment wishes with someone you trust prior to any unforeseen medical circumstance so they can make health care decisions in your best interest.

What medical decisions can I make with a Living Will?

Every state has its own limits as to what you are legally permitted to include in your directive. While you may specify instructions for a variety of medical situations and describe your feelings towards quality of life, keep in mind health care providers will only be allowed to carry out certain procedures according to your state laws.

Here are some of the main treatment choices you will want to specify in your Living Will:

Life Support

Life Support means any life-sustaining procedures done to a patient to restore function to an organ through medical intervention.

Common forms of life support include CPR (Cardiopulmonary Resuscitation), defibrillators, assisted breathing, dialysis, and artificially administered food and water.

DNR is short for "Do Not Resuscitate", which means you do not wish to receive life support or resuscitation if an organ fails.

Comfort Care

Comfort care means healthcare professionals will use any means possible to relieve your pain, including administering medication or creating a comfortable environment for you to rest in.

Quality of Life

Many people define quality of life in their Living Will to notify their family and health care professionals as to what they may want in extreme health situations (life or death) and what constitutes a quality life for them.

When does my Health Care Directive come into effect?

The terms of your directive are binding once you sign the document. It comes into use when you have been found to be incapable of making your own medical decisions. Typically, this may be when you are incapacitated, in a coma, or in a vegetative state.

Can I make changes to my Health Care Directive?

You can make changes to your personal directive if you destroy your current one, notify your health care representative or hospital of your changes, and create and distribute a new directive. It's important to let everyone in your family know where you keep your advance directive so they can easily find it during an emergency.

Related Documents:

  • Power of Attorney: a document used to grant someone the authority to act on your behalf, such as tending to your finances or maintaining property
  • Last Will and Testament: a document specifying how you would like your estate divided upon your death
  • Child Medical Consent: a form granting a guardian the authorization to make medical decisions on behalf of your child
  • Medical Records Release: a form requesting your medical records be released to you or a third party

Related Articles:

Frequently Asked Questions:

Health Care Directive FAQ
Sample Health Care Directive

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