Advance Directive

An advance directive is a legal document that allows individuals to specify their healthcare preferences and designate a decision-maker in case they become unable to communicate or make decisions for themselves. Common types include living wills and durable power of attorney for healthcare.

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Exam Tip

Patient Self-Determination Act (1990) requires facilities to inform patients about advance directives. LPNs ask about and document advance directives but do NOT provide legal advice. Patients can revoke at any time while competent. Know living will vs. durable power of attorney for healthcare.

What Is an Advance Directive?

An advance directive is a legal document that communicates a person's wishes regarding medical treatment when they are no longer able to speak for themselves. It ensures patient autonomy is preserved even during incapacitation.

Types of Advance Directives

TypePurpose
Living WillSpecifies which treatments the person does or does not want (e.g., mechanical ventilation, tube feeding, CPR)
Durable Power of Attorney for HealthcareDesignates a trusted person (healthcare proxy) to make medical decisions on behalf of the patient
Do Not Resuscitate (DNR)Instructs healthcare providers not to perform CPR if the heart stops
POLST/MOLSTPhysician/Medical Orders for Life-Sustaining Treatment; a portable medical order for seriously ill patients

Key Legal and Nursing Points

PointDetail
Patient Self-Determination Act (1990)Requires healthcare facilities to inform patients of their right to advance directives upon admission
CompetencyMust be mentally competent when creating the directive
Witness requirementsVary by state; typically 2 witnesses who are not beneficiaries
RevocationCan be revoked at any time while the patient is competent
PortabilityShould be honored across healthcare settings, though state laws vary

LPN/LVN Responsibilities

  • Ask patients on admission if they have an advance directive
  • Document the existence (or absence) of an advance directive in the medical record
  • Notify the RN if the patient wants to create, change, or revoke an advance directive
  • Do NOT provide legal advice or influence the patient's decisions
  • Ensure the advance directive is accessible in the patient's chart
  • Follow the directives as part of the care plan

Exam Alert

Advance directives fall under the Coordinated Care category on the NCLEX-PN. Know the Patient Self-Determination Act, the difference between a living will and durable power of attorney for healthcare, and that the LPN's role is to document and communicate, not to provide legal counsel.

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