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Appendix I: Health Care Directives

APS-IH / February 2009

Directive to Physicians (Living Will)
See 4621 Directive to Physicians (Living Will)

Who Can Execute

When Can It be Executed

When It Becomes Valid

Which Takes Precedence

Who May Revoke

Only a competent person, for himself or herself

No pre-conditions other than competency

When two physicians certify that person is terminally ill

Guardian of the person and agent named in a POA for health care must honor it
Physician may refuse to honor it, if he or she believes it no longer reflects person’s current wishes, regardless of person’s competency

Only a competent person, for himself or herself

Medical Power of Attorney
See 4622 Medical Power of Attorney

Who Can Execute

When Can It be Executed

When It Becomes Valid

Which Takes Precedence

Who May Revoke

Only a competent person for himself

No pre-conditions other than competency

When attending physician determines person lacks capacity to make health care decisions

Guardian of person makes medical decisions until guardianship court determines whether POA for health care will remain in effect. If so, guardian honors medical decisions of agent.

Person for himself or herself, without regard to his or her competency
Guardianship court

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