When does a health-care directive take effect?

The answer depends on the document and state law. Some directions apply when a person lacks decision-making capacity or has a stated medical condition. An agent's authority may require a medical determination.

General information

• Signing does not mean the person loses control while capable.
• Emergency treatment rules may apply before documents are available.
• Definitions of capacity and required findings vary.

Service steps to consider

1. Reviewing the activation language.
2. Asking the agent and doctor to review it.
3. Possible resource or approach: state-licensed legal advice if the trigger is unclear.

Quick check

• Does my agent know my wishes?
• Does my doctor have a copy?
• Are old copies marked as old?

How Complete Wills can help

Complete Wills includes an advance health-care directive and HIPAA authorization in its will-based and trust-based packages. The questionnaire can record choices and names. Customer support can explain the process. Only a licensed attorney may provide legal advice, and a qualified health professional may provide medical guidance. Customer support can explain website features and questionnaire fields, but it cannot choose documents, people, distributions, or legal terms, interpret a completed document, or explain how the law applies to a person's facts. Only a separately engaged licensed attorney may provide legal advice within the attorney's engagement.

Important limits

• Health-care document names and signing rules vary by state.
• Call emergency services or a health expert for an immediate medical issue. An online document service is not emergency care. This article gives general information only. A licensed attorney can explain how state law applies to a specific estate plan or document.