A Medical Directive is the same as a Medical Order for Life Sustaining Treatment.
A medical directive appoints an agent and provides detailed instructions regarding the type of medical care that you do or do not want should you become incapacitated and unable to make decisions on your behalf. The Medical Order for Life Sustaining Treatment (MOLST) contains medical orders regarding life sustaining treatment. If you do not want medical personnel to try to resuscitate you, you must have a MOLST form that contains a Do Not Resuscitate (DNR) order signed by a medical practitioner. MOLSTs are executed in the presence of a health care professional. A medical directive does not replace a DNR order or MOLST.
A Doctor Must Comply with the Instructions in a Medical Directive
A doctor may refuse to comply with the instructions in the medical directive if they consider the instructions medically ineffective. However, they may be legally obligated to transfer you to a provider who will comply with your wishes.
Once You Appoint an Agent, You Lose Decision Making Authority
Appointing a health care agent does not take away your decision-making authority as long as you maintain the legal capacity to make decisions. The instructions in the directive may define when and under what circumstances the agent’s authority begins as well as the process in determining your capacity to make decisions.
A Medical Directive Can Not Be Revoked.
Once you create a medical directive, it is effective unless you revoke it. As long as you maintain the legal decision- making capacity, you may revoke it at any time. If you revoke it, you should notify your doctor and anyone else who has a copy.
A Medical Directives is only effective in the state it was created.
Generally, most states recognize medical directives created in other states. If you move to a different state, consult a licensed attorney in that state to verify that the medical directive is valid.
