A medical directive, also referred to as an advance directive, is a directive that typically accompanies a health care proxy, but it may also be a separate document. A medical directive outlines specific instructions as to the type of medical care a person wants to receive, such as instructions to remove a patient from life support if he or she is in a coma or vegetative state with no chance of recovery or to use all efforts to save a person’s life regardless of the circumstances.
Current HIPAA laws prohibit healthcare providers from discussing a patient’s healthcare or status with spouses or other family members without a signed consent form from the patient. Therefore, when you draft a medical directive it is important to specify those individuals whom you give the authority to access your health information and discuss such information with medical staff. A power of attorney in this case will not suffice. The consent form must specifically refer to HIPAA. An elder law attorney can assist you in creating a medical directive that is tailored to your specific situation.
