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ABA Family Legal Guide

The Rights of Older Americans

A Right to Control Your Own Affairs

Health-Care Decision-Making Issues

What should my advance directive say?

No one can tell you exactly what to say in your advance directive. However, the most important task to accomplish is to name someone you trust to act as your agent for health-care decisions. If there is no one whom you fully trust to act as your agent, then it is best not to name an agent, and instead only include instructions about what is most important to you if you face a serious and eventually fatal illness.

Also consider addressing these points:

1. Alternate proxies. Whenever possible, name one or more alternate or successor agents in case your primary agent is unavailable.

2. Life-sustaining treatments. Are there any specific types of treatment you want or don't want in any circumstances? Your personal or family medical history may make certain conditions or treatments more likely.

3. Artificial nutrition and hydration. Some states will presume that you want nutrition and hydration in all circumstances unless you instruct otherwise.

4. Organ donation. In many states, you can include instructions about donating organs in your advance directive.

American Bar Association Family Legal Guide
Copyright © 2004 American Bar Association
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