Healthcare Law Forms

How to create effective and safe healthcare law forms that will carry out your wishes concerning medical care.

By David Roemer

When a person being treated by medical doctors is conscious and capable of communicating his or her wishes regarding treatment, verbally or via signing of medical law forms, those wishes will be carried out by hospitals and physicians. Medical law documents, such as a living will (also known as an advanced directive), or a heathcare power of attorney form (also known as a health care proxy), can be safe and effective in the event you are not able to express your wishes.

When a patient is unconscious, hospitals and physicians consult with the patient's family about treatments, or exercise their own judgment if family members are not available. Living wills can help family members and health care personnel decide what to do. Health power of attorney forms designate an agent who will make treatment decisions on behalf of the patient.

The language of living wills is frequently ambiguous. The advanced directive will say, "No feeding tubes, respirator care or other such measures." But family and physicians might regard intravenous nutrition and hydration as normal treatment. Many healthcare law documents attempt to describe a person's wishes under a given set of circumstances. If treatment is imminent or already underway, a physician's input would be helpful. However, most state laws prohibit treating physicians from being the agent in health power of attorney forms.

A healthcare law form might include a reference to a number of terms and concepts.

terminal condition, persistent vegetative state, and minimally conscious state
full code (all measures should be taken to keep patient alive)
hospice care/comfort care
slow code (patient does not benefit from any medical care)
no code (no lifesaving measures should be taken)
chemical code (no CPR, insertion of tubes, nor invasive procedures)
DNI (do not place patient on a ventilator for a long period of time)
DNR (to not attempt to restart the patient's heart or breathing once they have stopped)
POLST (physician orders for life sustaining treatment)

How to obtain general information about medical power of attorney forms and advance directives

There are a number of websites of healthcare law firms and other organizations with information about healthcare law documents.
Try: T he American Bar Association 's Commission on Law & Aging has 10 documents available for download to anyone writing a living will or other healthcare law document. Kaiser Permanente, the largest managed care organization in the United States, supplies an extensive treatment on, "Writing an Advance Directive."

How to get a healthcare law form without a healthcare law firm

There are many websites where, for a fee, you can download a packet of medical law documents for each state, such as health care power of attorney forms.
Try: PublicLegalForms.com provides the option of downloading (for a cost) a number of healthcare law documents organized by state. U.S. Legal Forms provides packages of forms for living wills from different states for a cost.

Get assistance in creating medical law documents from health advocacy groups

Health advocacy groups, like the American Cancer Society, March of Dimes and the National Welfare Rights Organization, provide direct services to individuals and promote access to health care to the public.
Try: Aging with Dignity is a non-profit organization which distributes for free a 12-page document titled Five Wishes. This healthcare law form is accepted by 40 states and can serve as a living will and healthcare power of attorney form. Caring Advocate's website has a collection of 11 articles that "promote a culture of extended quality of life."

Register your medical law forms electronically with national organizations

There are two nationwide organizations that enable you to store healthcare law forms electronically so that they are readily available to health care providers.
Try: The U. S. Living Will Registry has a one-time fee to register your medical law documents. DocuBank has yearly membership rates. Both organizations give members wallet cards with their registration number.

Don't postpone creating these documents, as distressing as the process may seem. Lack of an advance directive may result in difficult decisions for your family members should a life-threatening situation occur.