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. --------------------- Thanks, Fitz. Robert Ettinger Cryonics Institute Immortalist Society http://www.cryonics.org Rate This Message: http://www.cryonet.org/cgi-bin/rate.cgi?msg=12555