State Regulations
Essential Medical has designed the Essential Choices program on the Medical Passport to comply with many state regulations concerning Advanced Directives. However, Essential Medical cannot and does not guarantee how each health care provider will respond or comply with your Essential Choices – Advanced Directives. Essential Medical recommends that you consult with your own physician and attorney for your state specific guidelines.
The following links are provided to help you with your state specific recommendations and to help you answer questions about Advanced Directive statutes in your state. However, the information is NOT meant to be definitive and should only be used in consultation with your attorney. Since Advance Directives generally encompass three items - Medical Durable Power of Attorney (Health Care Agent), Living Will and Do Not Resuscitate Orders – generally each state has multiple statutes addressing the issue.
Each state is listed with “All Statutes”, “Advance Directive Related Statutes”, and “Additional Information”. Under “Additional Information” we have listed things specific to that state related to Essential Choices/Advance Directives. If there are limitations to the use of Advance Directives (e.g. “Not valid if pregnant), or requirements beyond two witnesses it is listed in this area. If not otherwise noted – then two witnesses should suffice.
Additionally the Federal Self-Determination Act is referenced in the American Bar Association website.
American Bar Association – Commission on Law and Aging
10 Legal Myths About Advance Medical Directives
http://www.abanet.org/aging/myths.html
American Bar Association – Federal Self-Determination Act
http://www.abanet.org/publiced/practical/patient_self_determination_act.html
State Laws: Living Wills