Lecture Notes
(from Instructor's Manual by Ronald J. Schwartz, J.D., L.L.M.
for textbook
Law and Aging - Essentials of Elder Law - 1st Edition - Pearson
Publications)
Advance Directives
Topical Outline
a. Durable Power of Attorney
b. Healthcare proxy
c. Living Will
d. Appointment of a guardian
e. the Law of Principle and Agent
f. Revocation of Advance Directives
g. Surrogate Healthcare Decision Making
h. Patient Self-Determination Act of 1990
i. Failure to Have a Healthcare Proxy
j. Anatomical Gifting - The Uniform Anatomical Gifts Act
Learning Objectives
a. to understand the general rules of the Law of Principle and
Agent as it relates to the use of advance directives in Elder
Care Law.
b. to understand the theory of advance directives and how they
are treated as an integral tool in the practice of elder law.
c. to have a thorough understanding of surrogate healthcare decision
making and its historical background, as well as an analysis of
the landmark cases in the area.
Job Competencies
a. to determine what advance directives an elder law client should
execute.
b. to be able to draft advance directives including: Healthcare
Proxies, Living Wills, Powers of Attorney and Advance Directives
for the Appointment of a Guardian.
c. to research the current case law in this area and follow it
as it continues to evolve
d. to have the ability to explain to clients in detail what advance
directives are and why they need them.
Key Concepts
One of the key facets of elder care law is the use of advance
directives in healthcare decision making. It is important to understand
the concept of surrogate healthcare decision making and what occurs
if an individual does not have advance directives, i.e. how the
medical establishment and the judicial system treat such individuals.
The core issues is the individual's rights versus the state's
rights. An understanding of the current case law is crucial.
