What You Need To Know About
Health Care
Decision Documents
What Do I Need To Know About Health Care Decision Documents?
Health care decision documents, also known as advance directives, are legal tools that allow you to specify your medical treatment preferences and appoint someone to make health care decisions on your behalf if you become unable to communicate due to illness or incapacity. In Arkansas, these documents ensure that your wishes are followed, reduce burden on family members during difficult times, and prevent unwanted medical interventions. Without them, doctors may default to aggressive life-sustaining treatments, or family disputes could lead to court intervention.
Key Health Care Decision Documents in Arkansas
Arkansas law recognizes several important documents for health care planning under the Arkansas Healthcare Decisions Act. The most common are a living will (also called a declaration or individual instruction) and a durable power of attorney for health care. Many sources provide a combined Advance Care Plan form.
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Living Will (Declaration Regarding Life-Sustaining Treatment): This document outlines your wishes regarding life-sustaining procedures if you have a terminal condition or are in a persistent vegetative state. You can direct whether to withhold or withdraw treatments like artificial nutrition, hydration, or ventilation.
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Durable Power of Attorney for Health Care (Health Care Proxy): This appoints a trusted agent (and alternates) to make health care decisions for you if you lack capacity. The agent can consent to or refuse any treatment and access medical records.
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HIPAA Authorization/Release: This separate form allows named individuals (e.g., your agent or family) to access your protected health information under federal privacy laws, enabling them to discuss your condition with providers even before incapacity.
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Emergency Medical Services Do Not Resuscitate (EMS DNR) Order: For those wanting to avoid CPR or advanced resuscitation outside a hospital setting, this physician-signed form uses a specific state-approved format (often with a bracelet identifier). There are also in-hospital DNR options.
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Physician Orders for Life-Sustaining Treatment (POLST): A physician-signed form for seriously ill patients that translates wishes into medical orders for specific treatments; it complements but does not replace advance directives.
Key Information about Health Documents
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Requirements in Arkansas → Documents must be signed by you (while competent) and typically require two qualified witnesses (who cannot be your agent, relatives, beneficiaries, or involved health care providers) or notarization. Statutory forms are available from the Arkansas Department of Health or organizations like CaringInfo.
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When They Take Effect → A living will generally applies only in terminal or persistent vegetative states. A durable power of attorney for health care activates when your physician determines you lack capacity.
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Revocation → You can revoke any of these at any time by destroying the document, signing a revocation, or notifying your doctor/agent verbally or in writing.
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Limitations → These documents do not cover financial decisions (use a separate durable power of attorney for that).
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Why Both Are Recommended → A living will provides specific guidance for end-of-life scenarios, while a durable power of attorney for health care handles broader or unforeseen situations, ensuring flexibility. The agent must follow your living will when applicable.
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