Advance Directive
Frequently Asked Questions
IS THIS A LEGAL DOCUMENT?
Yes. The law requires that you sign your document, or direct another to sign it, in the presence of two witnesses who must be at least 18 years of age. The witnesses must also acknowledge on the document that they personally know you, believe you to be of sound mind, and that they did not sign the document on your behalf. Your witnesses cannot be:
Your appointed health care proxy
Related to you by blood, adoption or marriage
Entitled to any portion of your estate upon your death
Someone directly financially responsible for your medical care.
In the case that two witnesses are not available, the document may be signed by a Notary Public.
CAN I ADD PERSONAL INSTRUCTIONS TO MY LIVING WILL?
Yes. You can add any specific forms of treatment that you wish to receive or refuse that are not already listed in the document
WHOM SHOULD I APPOINT AS MY PROXY?
Your proxy is the person you appoint to make health care decisions for you. This person may be a family member or a close friend. Make sure to choose someone you trust to make serious decisions, that clearly understands your wishes and that is willing to accept the responsibility of making medical decisions for you.
WHAT IF I CHANGE MY MIND?
You may revoke your Durable Power of Attorney for Health Care at any time by executing a new one, or by written revocation that must be witnessed in the same way your Durable Power of Attorney for Health Care was witnessed.
DO I NEED A LAWYER TO HELP ME MAKE AN ADVANCE DIRECTIVE?
A lawyer may be helpful to discuss these matters; however, there is no legal requirement in Kansas to do so.
WILL MY ADVANCE DIRECTIVE BE HONORED IN ANOTHER STATE?
The laws governing Advance Directives vary from state to state. Ultimately, your Advance Directive expresses your wishes and will influence the care you receive no matter where you are admitted. If you plan to visit another state for an extended period of time, you may consider signing an Advance Directive that meets the legal requirements of that state.
WHAT SHOULD I DO WITH MY ADVANCE DIRECTIVES?
Share them with individuals to include, but not limited to: your physician's office, local hospital, spouse and family members.
IS A "LIVING WILL" THE SAME AS A "WILL" OR "LIVING TRUST"?
No. Wills and Living Trusts are financial documents which allow you to plan for the distribution of your financial assets and property after your death. A Living Will only deals with medical issues while you are still living.
IS A "LIVING WILL" THE SAME AS A "DO NOT RESUSCITATE (DNR)" ORDER?
No. A Kansas Living Will covers almost all types of life-sustaining treatments and procedures. A "Do Not Resuscitate (DNR) order covers two types of life-threatening situations. A DNR order is a document prepared by your doctor at your direction and placed in your medical records. It states that if you suffer cardiac arrest (your heart stops beating) or respiratory arrest (you stop breathing), your health care providers are to take no measures to revive you.
WHAT IS THE DIFFERENCE BETWEEN A 'POWER OF ATTORNEY" and a "DURABLE POWER OF ATTORNEY"?
Normally, Power of Attorney deals only with personal and financial matters and it is no longer valid if you become unable to make your own decisions. A Durable Power of Attorney usually deals with health care and becomes effective when you are no longer able to make your own decisions.
WHAT DECISIONS CAN MY AGENT MAKE?
Unless you limit his/her authority in the DPOA, your agent will be able to make almost every treatment decision in accordance with accepted medical practice that you could make, if you were able to do so. If your wishes are not known or cannot be determined, your agent has the duty to act in your best interest in the performance of his/her duties. These decisions can include authorizing, refusing or withdrawing treatment, even if it means that you will die. The appointment of an agent is a very serious decision and should be carefully thought out.
CAN I HAVE MORE THAN ONE AGENT?
Yes. You are not required to do so, but you may designate alternates who may also act for you, if you primary agent is unavailable, unable or unwilling to act.
CAN MY AGENT BE LEGALLY LIABLE FOR DECISIONS MADE ON MY BEHALF?
No. Agents cannot be held liable for treatment decisions made in good faith on your behalf. Also, he or she cannot be held liable for costs incurred for your care.
CAN MY AGENT RESIGN?
Yes. Your agent and alternates can resign at any time by giving written notice to you, your doctor or the hospital or nursing home where you are receiving care.
