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

No, a lawyer is not needed. Yes, a lawyer is a helpful resource, but not the only resource, nor necessarily the best resource for all persons. Advance directives are not difficult to complete, but they require a few steps to do well. Try these steps for yourself, even if you already have an advance directive.

First, obtain an "official" or generally accepted form for your state, plus at least one or two additional advance directive forms from other sources. See the attached resource list for forms.
This helps you see the variations in topics different advance directives cover and the alternative instructions they provide. The form-publishing business may be burgeoning, but most are inadequate in one respect or another. Even with the best drafting, there is no perfect form for everyone. People are different.

Second, discuss the contents of the forms with your physician, close family, and the person you may name as proxy. Most people find these discussions difficult to initiate, but they are extremely important. Gather information about your current medical condition and its implications for future medical problems; clarify your own values and wishes; and ask your physician, close family, and proxy if they are willing to support you in the way you want.

Third, complete the form you choose, being sure to add or modify language to reflect your wishes more accurately. Be sure to follow the witnessing instructions for your state exactly.

Most, but not all states, require two completely disinterested witnesses. If you have a potential family conflict, special legal concern, or unusual request, additional legal drafting help may be needed. These circumstances call for consultation with a lawyer experienced in personal planning.

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