Why is an Advance Health Care Directive Important?
In the absence of instructions to the contrary, doctors are obligated to treat patients in accordance with the Hippocratic Oath, which mandates that a doctor does everything possible to keep a person alive, under any circumstances. While some people choose to give end-of-life instructions consistent with the Hippocratic Oath, many people choose to give instructions to cease life-sustaining treatment if a doctor diagnoses the person as brain-dead. The decision belongs entirely to the person and an estate planning attorney can incorporate just about any instructions that you might wish to include, or no instructions at all (leaving the decision to the discretion of your health care agent). The point, of course, is that an advance health care directive gives you the power to make your wishes clear, whatever your wishes might be.
Another important piece of an advance health care directive is the HIPAA authorization. The Health Insurance Portability and Accountability Act of 1996 placed restrictions on doctors and hospitals on giving out medical records and health care information for their patients without patient permission. A HIPAA authorization states in writing that doctors and hospitals are authorized to give out all (or some) health care information to specific designated persons. This is extremely valuable in the event that you, the principal, are injured and unconscious. This gives your health care agent access to your medical records so that your agent can make informed decisions regarding treatments, diagnostic tests, etc. on your behalf.