Your Rights When a Hospital Agent Insists that You Use their Advance Medical Directive

My estate planning team gets asked this question quite often – what can be done if a hospital agent or administrator says that you have to use their Advance Medical Directive. Here’s the answer: Politely tell them that you have a legal right under state and federal law to create your own Medical Directive. As long as the directive complies with state law, it should be honored. State laws can include formalities like having notary, two witnesses, being of sound mind when completed, etc. Some states even include laws which say if a healthcare facility refuses to follow your directive, they must transfer you to a facility that does. If a facility does refuse a Directive in compliance with state law, you should contact an attorney. Why is it important for you to use your own Advance Medical Directive? Because it empowers someone of your choice, like a trusted friend or family member,...