With the Advent of the Federal Patient Self-Determination Act of 1990, all states receiving funding for medical assistance are required to provide patients with an option to have an Advanced Directive for Health Care. 42 U.S.C. '1395 cc (a).
Advance Directives for Health Care
The trend among states to create a single legally recognizable form for advance directives and for the appointment of the health care guardian to make decisions is certainly a step in the right direction for many patients. Often, individuals do not have an advance directive, and health-care providers have the sometimes challenging task of determining who is the most appropriate decision-maker from among the patient's family or friends. Additionally, when an individual is in a life-threatening situation or becomes terminally ill and unable to communicate his or her own preferences, health-care providers, family and friends must decide whether or not to engage in life sustaining acts that may have been contrary to the individual's wishes. Completion of an advance directive may eliminate some of the confusion and stress that families and health-care providers face when trying to make these difficult health-care decisions.
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Asha F. JacksonThis premium content is locked for LawJournalNewsletters subscribers only
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