Advance Directives: Drafting and Implementation

Allison R. Clapp (Stewart, Plant & Blumenthal) and Ashley F. Lanzel (Children’s National Hospital) recently published, Advance Directives: Drafting and Implementation, ABA Probate & Property Magazine, January/February 2023. Provided below is an Abstract:

An advance directive is a legal document that enables an adult client to (1) name one or more individuals as the client’s agent(s) or attorney(s)-in-fact to make health care decisions on the client’s behalf and (2) specify the client’s wishes with respect to his health care in certain circumstances.

Advance directives present a unique set of challenges for a lawyer who is experienced in drafting legal documents and advising about legal matters but who may have little knowledge or experience regarding medical issues. Because of the dual nature of this document as both a legal document and a medical document, the authors have joined together to combine their respective legal and medical knowledge to provide practical advice regarding how best to address clients’ interests in this important arena. This article will provide specific drafting tips for lawyers as well as recommended steps the client should take after signing an advance directive.