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Medical Decision Making

Lawyers Toolkit for Healthcare Advance Planning, 2005
Source: American Bar Association Commission on Law and Aging
Content Type: Manual
This tool-kit is designed to help lawyers guide clients through an extended discussion to encourage effective health care advance planning.

Consumer's Toolkit for Health Care Advance Planning, 2005
Source: American Bar Association Commission on Law and Aging
Content Type: Manual
A consumer focused tool-kit that assists consumers in healthcare advance planning and understanding the process (does not include forms for creating advance directives).

Health Care Decision-Making Authority: Health Care Agents vs. Court Appointed Guardians (50-state chart)
Source: American Bar Association Commission on Law and Aging
Content Type: State Law
State Law Chart comparing roles of health care agents vs. Court-Appointed Guardians.

For more information

More information on this topic might be found in the following areas of the Legal Issues library:
Capacity Requirements

Advanced Directives for Health Care

American Indian and Alaska Native End of Life Care
Source: CDC
Content Type: Study Report as a Word Document
“Moving Beyond Paradigm Paralysis: American Indian End-of-Life Care” is the latest in the series of Issue Briefs on aging from the Centers for Disease Control and Prevention's (CDC) Healthy Aging Program. This one, a collaboration with the National Association of Chronic Disease Directors, was prepared by staff of the International Association for Indigenous Aging (IAIA) and Health Benefits ABCs, where longtime Washington journalist on aging, Nancy Aldrich, served as principal writer. Focusing on end-of-life beliefs of American Indian and Alaska Native (AI/AN) elders, the Issue Brief concludes that health care and social services professionals may need to re-examine their assumptions about end-of-life care. According to the IAIA website, “Conventional wisdom has long held that Indian elders - especially those couched in traditional belief systems - will not openly discuss issues related to death and dying. But, in light of changing culture and demographics and recent successes with new end-of-life care models for AI/AN populations, these long-held but increasingly unjustified assumptions may no longer apply.”

In Your Hands: Legal Tools for Preserving Personal Autonomy [English] [Spanish Subtitles]
Source: ABA Commission on Law and Aging
Content Type: YouTube video
Created by the American Bar Association Commission on Law and Aging, this video is narrated by the late Helen Hayes, with an epilogue by her son, James MacArthur. It addresses the legal aspects of planning for incapacity in a clear and positive way, and introduces four legal tools: durable powers of attorney, medical powers of attorney, living wills and trusts.

Having Your Say: Advance Directives
Source: American Health Care Association – National Center for Assisted Living
This website contains a consumer guide to planning for incapacity

Caring Connections: Planning Ahead
Source: National Hospice and Palliative Care Organization
This website contains links to information on Advance Care Planning, Advance Directives and Financial information.

Legal and Financial Planning for People with Alzheimer's Disease
Source: National Institute on Aging
The site contains a free printable consumer guide to legal and financial planning for persons with Alzheimer’s disease.

Advance Directives: Interpreting Written Instructions Regarding: End of Life for Medical Care
Source: National Elder Law Network
Content Type: Bibliography
An advocate focused overview of advance directives and bibliography of relevant State Statutes, Articles, Websites and other resources on Advance Directives.

Myths and Facts about Health Care Advance Directives
Source: American Bar Association Commission on Law and Aging
Content Type: Article
This consumer focused fact sheet includes common misperceptions about advance directives. National Disability Rights Network Advance Directive Resources Read External Web Site Policy Source: Protection and Advocacy Content Type: Website Resources on advance directives from P & A organizations across the country. Surrogate Decision Makers Default Surrogate Consent Statutes, 2008 Download Adobe PDF Reader Read External Web Site Policy Source: American Bar Association Commission on Law and Aging Content Type: State Law State Law Chart with citation, priority of surrogates, limitations on decision, standard for decision making and disagreement among surrogates. Health Care Decision-Making Authority: Health Care Agents vs. Court Appointed Guardians (50-state chart) Download Adobe PDF Reader Read External Web Site Policy Source: American Bar Association Commission on Law and Aging Content Type: State Law State Law Chart comparing roles of health care agents vs. Court-Appointed Guardians.

National Disability Rights Network Advance Directive Resources
Source: Protection and Advocacy
Content Type: Website
Resources on advance directives from P & A organizations across the country.

Surrogate Decision Makers

Default Surrogate Consent Statutes, 2008
Source: American Bar Association Commission on Law and Aging
Content Type: State Law
State Law Chart with citation, priority of surrogates, limitations on decision, standard for decision making and disagreement among surrogates.

Health Care Decision-Making Authority: Health Care Agents vs. Court Appointed Guardians (50-state chart)
Source: American Bar Association Commission on Law and Aging
Content Type: State Law
State Law Chart comparing roles of health care agents vs. Court-Appointed Guardians.