There are a number of ways in which you can plan in advance for your health care when you can no longer make decisions for yourself or when you may be near the end of your life. Sometimes these documents are called “Advance Directives.” One is the appointment of a Health Care Representative, someone you trust who can make health care decisions for you if you are unable. Another is the creation of a Living Will, which defines medical interventions or life support measures you want or do not want at the end of life. You may also designate in advance a person to supervise your affairs if you are unable to do so. And you can decide in advance to donate your body or organs after your death. More detail on each of these is below.
Appointment of a Health Care Representative
You can appoint an individual to make any and all health care decisions in the event that you are unable to do so yourself by completing an “Appointment of Health Care Representative” form. Download the form here.
There are important reasons to appoint a health care representative. These include:
- Helping to make sure that you get the health care you want if you are not able to communicate your wishes.
- Avoiding family arguments about who should speak for you.
- Letting your doctors know whom you have entrusted with decisions about your care.
- Expressing to someone in advance your attitudes toward health care, treatment preferences, and any religious or other beliefs about care.
Make sure to appoint someone you trust who will honor your wishes, be available when needed and advocate on your behalf.
Living Will
In Connecticut, the legal document that expresses your wishes concerning health care at the end of life is called a “living will” or “health care instructions.” Currently, a living will or health care instructions permits you to state your wishes regarding any and all health care decisions, including life-support systems, surgery, antibiotics or other medical treatments in the event that you are terminally ill, permanently unconscious or unable to communicate. It can also dictate the level and type of life support you want and under what conditions it should be received.
There are important reasons to have a living will. These include:
- Helping to make sure that your end-of-life medical care wishes are followed.
- Relieving your loved ones of the burden of making end-of-life decisions without knowing your wishes.
- Enabling your doctor to follow your instructions.
- Keeping your private wishes on dying out of the Probate Court, where these disputes may otherwise end up.
Hospitals and nursing facilities are required by the Patient Self-Determination Act (PSDA) to ask you when you are being admitted if you have a living will or wish to execute one, but they cannot require you to sign one in order to receive care. A living will is not an obligation.
Completing a living will should include thinking through your wishes, filling out a form, and discussing the form with your family and doctor. A Connecticut living will must be signed, dated and have two witnesses. Because Connecticut health care providers are most familiar with Connecticut living wills, using the state form may mean that there is less likelihood of your wishes being misunderstood.
Connecticut law provides both a stand-alone form and a combined form that includes additional advance directives. These include: designation of a health care agent, a power of attorney for health care decisions, the advance designation of a conservator and donation of an anatomical gift.
A living will can be revoked at any time and in any manner, such as by physically destroying it or by orally declaring it.
Learn More: Download a Connecticut Living Will and information packet for more information, and to complete a living will.
Advance Designation of Conservator
A “conservator of the person” is someone appointed by the Probate Court to supervise your personal affairs if you are incapable of caring for yourself or otherwise agree to it voluntarily. Under Connecticut law, “Incapable of caring for one’s self” means that a person has a mental, physical or emotional condition that makes them unable to make or communicate decisions to meet essential requirements for personal needs, even with assistance.
Connecticut law requires that conservators comply with your “advance health care directives” and defer to any person whom you have already appointed to express your health care wishes if you cannot.
Conservatorship is either voluntary (where you ask a Probate Court to appoint a conservator for you) or involuntary (where someone else asks a Probate Court to appoint a conservator on your behalf).
The advantage of completing an advance designation of conservator is that it will help a court follow your wishes, unless it finds the appointment of the person you chose is not in your best interests or the person you chose is unable to serve.
Anatomical Gift
An anatomical gift is the donation of your body or organs to medical science or for transplantation.
Under Connecticut law, unless you limit the reasons for an anatomical gift, your body, or parts of it, may be given:
- To a hospital, physician, surgeon or procurement organization for transplantation, therapy, medical or dental education, research or advancement of medical or dental science.
- To an accredited medical or dental school, college or university for education, research or advancement of science.
- To a particular person you specify who needs an organ.
- To “save life” or “for transplants.”
Keep in mind that unless you state in writing that they may not do so, your family has the right to make an anatomical gift after your death.
An anatomical gift can be made in one of three ways:
- By signing a “document of gift.”
- Through imprint on your driver’s license.
- By expressing those wishes in your last will and testament.
You can revoke your anatomical gift only by a signed statement.