A health care directive (also called a living will or advance directive) is a legal document that specifies your medical treatment preferences and designates someone to make healthcare decisions if you become incapacitated. In Nevada, this document combines a living will with a medical power of attorney. A health care directive is included with every estate planning package.
What is the difference between a living will and health care directive?
A living will documents your wishes regarding life-sustaining treatment (such as ventilators, feeding tubes, and resuscitation). A health care directive is broader — it includes your living will preferences plus appoints an agent (also called a healthcare proxy) to make medical decisions on your behalf.
In Nevada, these are combined into a single document called a "Declaration for Healthcare Decisions" or simply a health care directive.
Why do you need a health care directive?
Any time you check into a hospital or prepare for surgery, the health care provider will ask for a living will or health care directive. Often, the provider will have a form for you to complete if you haven't already prepared one yourself.
Completing this form in advance gives you time to think your answers through regarding difficult topics. This form requires decisions regarding:
- Life-sustaining procedures (ventilators, CPR, feeding tubes)
- Pain management preferences
- Organ donation wishes
- Who you appoint as your healthcare agent
What happens without a health care directive?
Failure to name an agent in advance may necessitate a court appointing a guardian for you to make difficult medical decisions on your behalf. This can lead to:
- Family disputes over your care
- Decisions that don't reflect your wishes
- Court costs and delays during a medical crisis
- Stress on your loved ones during an already difficult time
Does Nevada have an approved form?
Yes. The Nevada State Legislature has approved a form to be recognized and used throughout Nevada. It is thorough enough to almost certainly be accepted in every other state in the country as well. As part of your estate plan, it will be included and explained so that you can make an informed decision regarding these sometimes troubling topics.
Can a health care directive be changed?
Yes. You can revoke or update your health care directive at any time while you have mental capacity. It's a good idea to review your directive periodically, especially after major life events like marriage, divorce, or the death of your named agent.
A health care directive works together with your will, revocable trust, and financial power of attorney to create a complete estate plan.