Understanding Advanced Health Care Directives and MOLST Forms
An Advance Health Care Directive appoints a healthcare power of attorney (agent) to make health care decisions, if they become incapacitated. It also specifies end-of-life decisions.
An Advanced Health Care Directive (AHCD) is a vital legal document with two key purposes. First, it appoints a healthcare power of attorney (agent) who is authorized to make medical decisions on behalf of the Grantor if they become incapacitated. Second, it can provide instruction regarding Grantor’s preferences for end-of-life care and other important medical decisions.
It’s crucial to understand that as long as the Grantor remains mentally competent, they retain full control over their own healthcare decisions.
A properly drafted ADHC can prevent the need for court intervention by ensuring that the Grantor’s health care wishes are clearly communicated and legally supported.
Disability is age non-discriminatory. It results from accident, age, disease and/or illness.
There are two estate planning documents, (which cannot be combined), that provide protection in the event of future disability. These are an Advance Health Care Directive and a financial Power of Attorney.
What does an Advance Health Care Directive do?
An AHCD is a document in which a person names a health care agent to make medical decisions if they are no longer able to do so and states end of life decisions.
Does this prevent the appointment of a guardian of my person?
Yes, if properly drafted and followed, this document can prevent the appointment of a guardian of your person. The healthcare agent is making the same decisions a guardian of person would be responsible for.
Among other information, an AHCD should include:
- A health care power of attorney which appoints health care agent(s) to make medical decisions if you become unable to do so,
- Health care instructions concerning your desired medical care/treatment and end of life instructions,
- A HIPAA declaration/release,
- A pregnancy statement for women of child bearing age, and
- A statement concerning anatomic donation.
I have a Living Will. Do I need an AHCD?
Yes. A Living Will only contains instructions for the provision, withdrawal, or withholding of life sustaining procedures. It does not appoint a health care agent.
Is my spouse protected under my AHCD?
No. Each spouse needs their own document.
Who should draft an AHCD and POA?
Because of the complexities involved, these documents should be prepared by an attorney experienced in estate planning and elder law. It is not recommended that other professionals draft these documents or that you use a form purchased from an office supply store or online.
Disclaimer – This overview is provided for general information relevant for planning undertaken in Maryland only. None of the information within should be relied upon. Statutes, regulations, and the cases interpreting them are constantly changing. Consult an attorney before taking any action. Your reliance on or use of this information does not create an attorney/client relationship or privilege between you and the law firm and its employees, or their heirs, personal representatives, successors, or assigns.
LEARN MORE
- Advance Healthcare Directives (AHCD) & Your OptionsIssues that surround terminal illness, incapacitation, and death are not easy to talk about. But it is often a lot easier for the immediate family if their loved one had drawn up an advance healthcare directive.
- The Last Step of Your Estate PlanningIt does not matter how much forethought you put into distributing your assets, or how expensive it was to draft your will or trust if the people bound by these documents do not know what they contain, or potentially that they even exist.
- Estate Planning & DivorceNot taking appropriate actions after divorce can lead to problems ranging from having the wrong person making your medical care decisions to them receiving the payout of an insurance policy.