An individual must check his state status(or hire an attorney to do so ) to determine if the states requiring that a particular state-mandated statutory advance directive for health care form be used.Some states (e.g.California ,Ohio,Texas,and Vermont) require state statutory forms. Michigan requires the agent’s signature on the advance directive. Most states require that the advance directive be signed in the presence of two adult witnesses who are not related or who are directly related to the health care of the person creating the document. Individuals who have multiple residences in different states should complete advance health care directives for each state.
The American Bar Association's Commission on Low and Aging makes available to public a Consumer's Tool Kit for Health Care Advance Planning.This tool kit does not create a formal advance directive for health care; rather,it facilitates in the multistep process of reaching personal decisions regarding advance health care planning.
Elder law professionals also should be aware of the change wrought by the 1996 passage of the Health Insurance Portability and Accountability Act (HIPPA),the first federal legislation is medical records privacy ,but the result can prove problematic for an attorney asked to represent an unconscious patient and wade through privacy rules
Refer to Exhibit 3-3 to read the health care power of attorney that Luck prepared under Tara's supervision,for their client Juliana Jameson.