How to Update Your Living Will and Health Care Power of Attorney

As life circumstances change, it's essential to keep your advance directives, such as your living will and health care power of attorney, up to date. This ensures that your health care wishes are properly documented and followed in the event that you become unable to make decisions for yourself. In this article, we'll guide you through the process of updating your advance directives.

When to Update Your Advance Directives

The American Bar Association Commission on Law and Aging recommends reviewing and potentially updating your advance directives whenever any of the following "five D's" occurs:

• Decade: When you start each new decade of your life.

• Death: When you experience the death of a loved one.

• Divorce: When you experience a divorce or other major family change. (In many states, a divorce automatically revokes the authority of a spouse who had been named as agent.)

• Diagnosis: When you are diagnosed with a serious medical problem.

• Decline: When you experience a significant decline or deterioration from an existing health condition, especially when it diminishes your ability to live independently.

Steps to Update Your Advance Directives

1. Create a new document: The best way to update your living will or health care power of attorney is to create a new one. This ensures that your most current wishes are clearly documented.

2. Sign and date the new document: Once you have created your new advance directive, sign and date it in front of appropriate witnesses and have it notarized, if necessary. This new document will supersede your old directive.

3. Destroy old copies: Contact anyone who has a copy of your old directive and ask them to return it to you so that you can destroy it. This prevents confusion and ensures that only your most current wishes are followed.

4. Distribute the new directive: Provide copies of your new advance directive to your doctor, health care agent, and any other relevant parties.

5. Discuss the changes: Take the time to discuss the changes with your doctor and health care agent to ensure everyone is clear on what has been updated.

6. File the new directive: Make sure a copy of your revised advance directive gets filed in your medical records, especially if you're planning on entering an assisted living facility or nursing home.

Additional Considerations

• Some states have medical registries where you can record your directive, making it directly available to health care providers when needed.

• If you move to another state, verify that your advance directives are still valid. While states may be legally required to honor any advance directive that clearly conveys your wishes, it's best to ensure your form meets the requirements specific to that state.

For more advice on creating advance directive documents that reflect your values, beliefs, and preferences, consider purchasing Advance Care Planning, a Special Health Report from Harvard Medical School.

By keeping your advance directives up to date, you can ensure that your health care wishes are respected and followed, even if you are unable to communicate them yourself.