10 Legal Myths About Advance Medical Directives

ABA Commission on Legal Problems of the Elderly
10 Legal Myths About Advance Medical Directives
by Charles P. Sabatino, J.D.

Myth 1: Everyone should have a Living Will.

Myth 2: Written Advance Directives Are Not Legal in Every State.

Myth 3: Just telling my doctor what I want is no longer legally effective.

Myth 4: An Advance Directive means "Don't treat."

Myth 5: When I name a proxy in my Advance Directive, I give up some control and flexibility.

Myth 6: I must use a prescribed Advance Directive form for my state.

Myth 7: I need a lawyer to do an Advance Directive.

Myth 8: Doctors and other health care providers are not legally obligated to follow my Advance Directive.

Myth 9: If I do not have an Advance Directive, I can rely on my family to make my health care decisions when I am unable to make decisions for myself.

Myth 10: Advance Directives are a legal tool for old people.

Commission on Legal Problems of the Elderly
American Bar Association
740 Fifteenth Street, NW
Washington, DC 20005-1022
Telephone: 202-662-8690
Fax: 202-662-8698
Email: abaelderly@abanet.org