What is an advance directive for health care [living will]?

              This information is provided by the
Oklahoma Bar Association
1
Q: What is an Advance Directive for Health Care?
A: An Advance Directive for Health Care is a written legal document which allows you to instruct your attending phy­sician whether or not you wish to be given life-sustaining treatments and artificially administered nutrition (food) and hydration (water) and to give other medical directions that impact the end of life. Its purpose is to recognize your right to control some aspects of your medical care and treatment, primarily the right to decline medical treatment or direct that it be withdrawn even if death ensues. An Advance Directive for Health Care may include a living will, the appointment of a health care proxy (a proxy is a person authorized to act for another) and directions for organ donation.
Q: Who can sign an Advance Directive for Health Care?
A: Any person of sound mind who is 18 or older.
Q: Does the signing of an Advance Directive require witnesses and a notary public?
A: An Advance Directive must be signed before two witnesses who are 18 or older. The witnesses cannot be beneficiaries under your will, nor may they be persons who would inherit your property if you died without a will. An Advance Directive is not required to be notarized.
Q: When does an Advance Directive go into effect?
A: An Advance Directive goes into effect when your attending physician and another physician determine that you are no longer able to make decisions regarding your medical treatment and you are in one of the three condi­tions explained on next page. Advance Directives do not determine your medical treatment in situations that do not affect your continued life, such as routine medical treatment and non life-threatening medical conditions.
Q: What conditions does an Advance Directive cov­er?
A: An Advance Directive covers three conditions: 1) terminal condition, 2) persistently unconscious and 3) end-stage condition.
Q: What does “terminal condition” mean?
A: A terminal condition is an incurable, irreversible condi­tion that, even with the administration of life-sustaining treatment (such as putting a person on a respirator, dialysis, pacemakers, surgery, blood transfusions and antibiotics) will, in the opinion of your attending physician and another physician, result in death within six months.
Q: What does the term “persistently unconscious” mean?
A: “Persistently unconscious” means an irreversible condi­tion as determined by your attending physician and another physician, in which thought and awareness of self and environment are absent.
Q: What is an “end-stage condition”?
A: An “end-stage condition” means a condition caused by injury, disease or illness which results in severe and perma­nent deterioration indicated by incompetency and complete physical dependency for which treatment of the irreversible condition would be medically ineffective.
Q: What is the living will portion of an Advance Di­rective?
A: In the living will portion of your Advance Directive (Section I) you may direct that your life not be extended by life-sustaining treatment if you 1) are in a terminal condi­tion, 2) are persistently unconscious or 3) have an end-stage condition. Alternatively, you can direct that you are to be