X-Message-Number: 12555
From: 
Date: Thu, 14 Oct 1999 15:12:37 EDT
Subject: Health Care Directives

Rafael Haftka asked whether the U.S. has something similar to Canada's 
"Personal Directive" for designating someone to make health (and some other) 
decisions for you if you are unable.

Most states have a statutory form of Durable Power of Attorney for Health 
Care, which allows the designee to make decisions including disposal of 
"remains." All hospitals have these forms available.

Jim Fitzgerald, a CI director, has provided the following additional 
information:
----------------
The Patient Self-Determination Act has done much to increase the use and
awareness of healthcare directives.  The law, which became effective in
December 1991, mandates that all facilities that receive Medicare or
Medicaid must discuss healthcare directives with newly admitted
patients.  When admitted to nearly any hospital, you should be given a
written explanation of your state's laws on healthcare directives, and
an explanation of the hospital's policies in enforcing them.  The law
also directs healthcare facilities to record patients' healthcare
directives as part of their medical records.

The following states recognize healthcare directives that are written
and signed in accord with the laws of another state:  Alaska, Colorado,
Kansas, Massachusetts, New Mexico, New York, Rhode Island, South Dakota,
Texas, Utah and Vermont.

The following States recognize healthcare directives that are written
and signed in accord with the laws of another state if they
substantially comply with the laws of their own state:  Hawaii and
Montana.

Laws in the following states provide that they recognize healthcare
directives that are written and signed in accord with laws of another
state to the extent that they are consistent with their own states'
law:  Alabama, Arizona, Iowa, Maryland, Minnesota, New Hampshire,
Oklahoma, Washington and Wisconsin.

Laws in the following states specifically recognize healthcare
directives that are written and signed in accord with either laws of
their own state or the other state:  Arkansas, California, Connecticut,
FLORIDA, Illinois, Indiana, Maine, Nebraska, Nevada, New Jersey, North
Dakota, Ohio, Oregon, Tennessee, Virginia and West Virginia.

Laws in the following states are silent on the issue:  Delaware,
District of Columbia, Georgia, Idaho, Kentucky, Michigan, Mississippi,
Missouri, North Carolina, Pennsylvania, South Carolina and Wyoming.

If you divide up the year living in two or more states, you may not be
sure which state is your legal residence.  To decide, choose the state
where you are the most rooted--that is, the state in which you:
* are registered to vote
* register your motor vehicles
* own valuable property--especially property with a title document, such
as a house or car.

Source: Willmaker 7.0  Nolo Press  950 Parker Street  Berkeley, CA
Copyright 1998

You will notice that Louisiana is the only state not mentioned above.
Since they follow the Napoleonic legal system, Nolo Press does not
address them in their software.
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Thanks, Fitz.

Robert Ettinger
Cryonics Institute
Immortalist Society
http://www.cryonics.org

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