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This document discusses the legal rights of patients receiving care in VHA facilities regarding advance directives, including living wills and durable powers of attorney, and their recognition within
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How to fill out Advance Directives: VA vs. Non-VA Forms

01
Obtain the appropriate Advance Directive form for your needs: VA or Non-VA.
02
Read the instructions carefully to understand the requirements for each form.
03
Fill out personal information, including name, contact information, and date of birth.
04
Specify your healthcare preferences by selecting options related to life-sustaining treatments.
05
Designate a healthcare proxy or power of attorney if you wish.
06
Review the filled form for accuracy and completeness.
07
Sign and date the form in front of a witness if required by your state or the VA.
08
Make copies of the completed form for your records and distribute them to your designated healthcare proxy and medical providers.
09
Store the form in a safe location and ensure that it is accessible in case of emergencies.

Who needs Advance Directives: VA vs. Non-VA Forms?

01
Anyone over the age of 18 who wants to ensure their healthcare wishes are followed.
02
Individuals with chronic illnesses or those facing major medical decisions.
03
Veterans who wish to specify their healthcare preferences in relation to VA services.
04
Patients undergoing surgeries or hospitalizations who want to clarify their healthcare directives.
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Traditionally, there are two main kinds of advance directives: the living will and the Durable Power of Attorney for Healthcare. The state California also allows the use of a POLST (Physician's Orders For Life‑Sustaining Treatment).
The most common types of advance directives are the living will and the durable power of attorney for health care (sometimes known as the medical power of attorney). There are many advance directive formats. Some follow forms outlined in state laws, others are created by lawyers or even the patients themselves.
Why would a physician not honor an advance directive? ing to the National Institute on Aging, a physician might not follow an advance directive if the requested treatment violates medical standards, institutional policies, or professional ethics.
VA's advance directive is VA Form 10-0137. It includes both a Durable Power of Attorney for Health Care section and a Living Will section. On the VA advance directive form, you can choose how strictly you want your surrogate and health care team to follow the preferences included in your Living Will.
Completing a living will and durable power of attorney for health care is a great way to jump-start your overall estate plan.
At a high level, a Living Will is a legal document that clearly and explicitly states your wishes in regards to medical treatments and decisions. A Power of Attorney grants authority to someone you trust to act on your behalf.
An advance directive is a direction from the patient, not a medical order. In contrast, a POLST form consists of a set of medical orders that applies to a limited population of patients and addresses a limited number of critical medical decisions.

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Advance Directives are legal documents that allow individuals to outline their preferences for medical treatment and care in case they become unable to communicate these wishes themselves. VA Advance Directives are specific to the Veterans Affairs healthcare system, while Non-VA forms are used in other healthcare settings.
Any adult who wishes to communicate their healthcare preferences may file Advance Directives. This includes veterans for VA forms and any individual receiving care from non-VA healthcare providers for Non-VA forms.
To fill out Advance Directives, individuals must provide identification information, specify their healthcare preferences, designate a healthcare proxy, and sign the form, often in the presence of witnesses or a notary. Detailed instructions can be found on both VA and Non-VA forms.
The purpose of Advance Directives is to ensure that an individual's healthcare wishes are respected and followed when they are unable to express them. This includes decisions about life-sustaining treatments and end-of-life care.
Advance Directives must typically include the individual's name, contact information, specific health care wishes, designation of a healthcare proxy, and signatures of the individual and witnesses/notary as required by state law.
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