During an emotionally difficult time, a Durable Power of Attorney offers peace of mind to loved ones by clearly stating your wishes at a time when you are unable to do so. However, it is possible to unintentionally revoke this document, also referred to as an “Advance Directive”. Here are some things you should know to prevent that occurrence.

Think Before You Sign

Hospitals and healthcare providers may include standard Advance Directive paperwork in your admissions forms. However, it is important to understand that completing and properly signing their Advance Directive will automatically revoke one you may have previously had in place.

By law, the most recently signed Advance Directive is the one that must be followed. This means that, if you have created a customized Advance Directive with your attorney, it will not be followed if you later sign the medical institution’s generic form. Only sign their form if you do not already have a current one in place.

While it is reasonable for a healthcare provider to offer you their Advance Directive to sign in the event you do not have one already, it is better to consult with a legal professional in advance to create one that is customized to your specific instructions. The generic form may not address your specific instructions like a custom form prepared with the advice of counsel.

Other Situations May Revoke Your Customized Advance Directive

If you file for divorce, legal separation, annulment or a protective order, and your appointed healthcare agent is also a party to that action, your Advance Directive may be revoked. This most commonly occurs when a spouse is the appointed healthcare agent for the other spouse, then either person files for divorce. The filing of the divorce action revokes the Durable Power of Attorney for Healthcare unless an alternate agent was listed in the original document.

Our estate planning attorneys, Sarah Rubury and Shawna Bentley, can help you prepare the appropriate documents to ensure that your healthcare wishes are carried out, and fully inform you about maintaining the effectiveness of these important documents.