Advance Healthcare Directive

Definition: An Advance Healthcare Directive, also known as a living will or healthcare proxy, is a legal document that allows individuals to make decisions about their medical treatment in advance, in the event that they become unable to communicate their wishes due to illness or incapacity.

Revocation of an Advance Healthcare Directive

Definition: Revocation of an Advance Healthcare Directive refers to the process of canceling or invalidating the document, thereby rendering it no longer legally binding. There are several ways in which an Advance Healthcare Directive can be revoked:

Written Revocation: The individual can revoke their Advance Healthcare Directive by creating a written document that clearly states their intention to revoke the directive. This document should be signed, dated, and witnessed by at least two individuals who are not beneficiaries of the directive.

Oral Revocation: In some jurisdictions, an Advance Healthcare Directive can be revoked orally. However, it is generally recommended to have the revocation in writing to ensure clarity and avoid any potential disputes.

Physical Destruction: Another way to revoke an Advance Healthcare Directive is by physically destroying the document. This can be done by tearing, shredding, or burning the original document, making sure that no copies or duplicates exist.

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Amendment of an Advance Healthcare Directive

Definition: Amendment of an Advance Healthcare Directive refers to the process of making changes or modifications to the existing directive without completely revoking it. There are a few methods to amend an Advance Healthcare Directive:

Written Amendment: The individual can create a written document that clearly outlines the desired changes to the directive. This document should be signed, dated, and witnessed by at least two individuals who are not beneficiaries of the directive.

Supplemental Document: Instead of amending the original directive, the individual can create a separate document that supplements the existing directive. This supplemental document should clearly reference the original directive and specify the desired changes or additions.

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It is important to note that the revocation or amendment of an Advance Healthcare Directive should be communicated to healthcare providers, family members, and other relevant parties to ensure that the individual’s wishes are properly followed in the event of incapacity.

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