ABA Family Legal Guide

The Rights of Older Americans

A Right to Control Your Own Affairs

Health-Care Decision-Making Issues

What if my doctor or hospital refuses to follow my advance directive?

First, find out ahead of time your doctor's views about advance directives and your specific wishes. If you disagree, you may wish to find a new doctor ahead of time.

Under federal law, most hospitals, nursing homes, and home health agencies must inform you of their policies about advance directives at the time of admission. Most will respect advance directives, but some may have restrictive policies. However, no facility can require you to have, or not have, an advance directive as a requirement of admission.

If you are in a condition to which your advance directive applies and your providers will not honor your directive, state law spells out their obligations. Usually, the provider must make a reasonable effort to transfer the patient to another provider who will respect the advance directive.