A health care directive and living will is a type of legal document called an advance health care directive (or “advance directive“). It allows you to make advance decisions on health care issues in case you ever become medically incapacitated and unable to make informed choices. Under those circumstances, your health care team would be bound by the instructions in your health care directive and living will. They would follow those provisions to decide whether to administer or withhold certain treatments.

In your health care directive and living will, you may want to make choices about whether you would want to receive life support treatment in the event that you were terminally ill. This would include artificial nutrition, hydration, and breathing machines. These choices are highly personal and can be difficult to decide on as hypotheticals. If you have difficulty with these decisions, you should consider discussing them with your doctor or your loved ones.

In Alaska, you have the option of naming a health care agent through a durable power of attorney for health care (a “POA”). A POA is another type of advance health care directive that works together with a health care directive and living will. Through a POA, you can choose a trusted person to carry out the terms of your living will and make medical decisions on your behalf. This person is often referred to as a health care agent or a health care proxy.

When choosing a health care agent, make sure you pick someone who knows you well. You should talk to them to make sure they are willing to take on this responsibility, and that they are comfortable carrying out your wishes. You should not choose someone who owns or works at a health care facility where you receive care. The exception to this rule would be if the individual is a relative of yours.

You should sign and date your living will and your POA in the presence of two witnesses who you know personally. The witnesses should also sign. According to title 13 of the Alaska statutes, there are certain restrictions on who can witness your POA. The following people should not act as your witnesses:

• Anyone who is involved with providing your health care
• Any employee of your healthcare provider.
• Your health care agent
• Your relatives
• Anyone who would receive an inheritance from you

If you have trouble gathering witnesses for your advance directives, you may sign your living will in front of a notary public instead.

There are more lenient signature requirements for a living will that do not contain a power of attorney designation. But it’s a good idea to follow the signature requirements above for all Alaska advance directive forms. These requirements help to prevent conflicts of interest and they demonstrate the authenticity of your documents.

After signing your living will, you should provide a copy of it to your health care agent. Make sure to distribute copies to your loved ones too, just in case. If you are hospitalized or preparing for a procedure, you should let your health care provider know about your living will and give them a copy.

As a contingency plan, you could think about depositing your advance directives with an online living will registry. These services allow medical professionals to access your living will electronically in the case of an emergency.

A good rule of thumb is to review your advance directives at least every few years to make sure that they are up-to-date. You should also review and revise your advance directives whenever a major life event occurs. If you have gone through a divorce, received a new diagnosis, completed an out-of-state move, or experienced any other major changes, you should take a fresh look at your documents. This will help to ensure that your advance directives reflect your current wishes.