Advance Health Care Directive Drafting Workflow

You are tasked with drafting a comprehensive Advance Health Care Directive, a critical estate planning document that allows individuals to specify their healthcare preferences and designate decision-makers for medical situations where they cannot communicate their wishes. This document must comply with state-specific legal requirements while accurately reflecting the client's personal values and medical preferences.

Initial Information Gathering and Verification

Begin by thoroughly reviewing any uploaded documents to identify the client's personal information, existing medical history, previously expressed healthcare preferences, and any prior advance directive documents. Search for concrete details including full legal name, date of birth, current address, contact information, and any documented medical conditions or treatment preferences. Cross-reference this information with current state law requirements to ensure all mandatory personal data fields are included according to the jurisdiction's statutory framework.

Health Care Agent Designation and Authority

Draft the appointment section for the primary health care agent with complete identifying information: full legal name, relationship to the declarant, residential address, telephone number, and email address. Clearly delineate the scope of authority granted to the agent, including the power to make medical treatment decisions, access medical records, communicate with healthcare providers, and make end-of-life care determinations. Research current best practices from state bar associations and official health department resources to ensure the agent's powers are properly defined and legally enforceable. The language must be sufficiently broad to cover unforeseen medical situations while respecting any specific limitations the client wishes to impose.

Alternate Agent Succession Planning

Establish a clear succession plan by designating one or more alternate health care agents, listed in order of priority. Include complete contact information for each alternate and specify the conditions under which each successive agent's authority becomes effective (typically when the prior agent is unable, unwilling, or unavailable to serve). Verify that the number of alternates and succession mechanism complies with state-specific requirements, as some jurisdictions limit the number of alternates or impose specific procedural requirements for agent succession.

Living Will Provisions and Treatment Preferences

This section requires careful attention to the client's values and wishes regarding life-sustaining treatment. Draft detailed instructions addressing specific medical scenarios: preferences regarding mechanical ventilation, artificial nutrition and hydration, cardiopulmonary resuscitation, dialysis, and other life-prolonging interventions. Include the client's wishes regarding pain management and palliative care, even if such treatment might hasten death. Address organ and tissue donation preferences with specificity about which organs or tissues may be donated and for what purposes (transplantation, research, or education).

Review any uploaded medical records or prior healthcare documents to identify previously expressed preferences or medical conditions that should inform these instructions. Research authoritative medical and legal sources to ensure the language used is medically accurate and legally sufficient. The instructions should provide clear guidance to healthcare providers while allowing appropriate flexibility for the agent to apply the declarant's values to unforeseen circumstances.

Legal Formalities and Execution Requirements

Draft provisions specifying the effective date of the directive (typically upon execution or upon determination of incapacity), the duration of its validity, and the conditions and procedures for revocation. Research the specific state's statutory requirements for revocation, as methods vary significantly by jurisdiction—some states allow oral revocation while others require written notice to healthcare providers.

Prepare the execution section with appropriate signature blocks for the declarant, witnesses, and notary public if required. Verify the state's specific witnessing requirements, including the number of witnesses required (typically two), any disqualification criteria (such as prohibitions against healthcare providers or beneficiaries serving as witnesses), and whether notarization is mandatory, optional, or prohibited. Include an acknowledgment section for the designated agent(s) to sign, confirming their willingness to serve and understanding of the declarant's wishes.

State Law Compliance and Final Review

Throughout the drafting process, ensure compliance with the applicable state's advance directive statutes, including any mandatory language, statutory forms, or specific procedural requirements. Some states provide optional statutory forms, while others have mandatory provisions that must be included verbatim. Research official state resources, including the state bar association, department of health, and attorney general guidance, to verify current legal requirements.

Before finalizing the document, confirm that all sections work together cohesively, that there are no internal contradictions between the agent's authority and the living will instructions, and that the document reflects the client's informed choices about their healthcare. Once all necessary information has been gathered, verified, and properly structured according to legal requirements, generate the complete Advance Health Care Directive document with all required sections, proper legal formatting, and execution blocks ready for the client's signature.