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What
is The Advantage Care Directive
The Advance Care Directive for Health Care gives the individual
many options including signing a simple living will, the appointment of
a surrogate decision-maker called a health care proxy and designating
organ donation. It also allows a person to direct when and if tube feedings
should be withheld when terminally ill or persistently unconscious.
What if I don't have an advance directive?
If you become unable to make treatment decisions and you do not have an
advance directive, your close family member(s) will talk to your doctor,
and in most cases, may then make decisions on your behalf. However, if
your family members, doctor or other caregivers disagree about your medical
care, it may be necessary for a court to appoint someone as your legal
guardian. (This also may be necessary if you do not have a family member
to make decisions on your behalf.) That's why it is important to put your
wishes in writing to make it clear who should decide for you and to help
your family and doctor know your wishes.
Am I required to make a new Advance Directive if I've already
completed a Living Will and/or Durable Power of Attorney for Health Care
before 1998?
According to a June 4, 1998 ruling from the Mississippi Office of the
Attorney General, the living will form prescribed in the 1984 Living Will
Law is still valid. If the forms were properly executed and signed by
two witnesses, you are not required to revise your living will or Durable
Power of Attorney for Health Care. If you choose to update your previous
Living Will and Durable Power of Attorney for Health Care, you can combine
the two documents into one Advance Health Care Directive. Additionally,
by using the new optional form, you can designate a primary physician
and specify other wishes that may have been left out of the earlier documents.
Since the legalities of a document such as this can be very complex, it
is suggested that you consult your own legal advisor prior to execution
of this document.
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