When does a living will or an advance directive take effect?

Unless a written living will or advance directive says otherwise, it is effective when the attending physician and another doctor certify in writing that the patient is incapable of making an informed decision.

• The certifications by the doctors must be based on personal examination of patient.
• One of the physicians must have examined patient within two hours of making the certification.
• If patient is unconscious or unable to communicate by any means, a second physician's certification is not necessary.

Last legal review 4/10/08 (PLL/M.A.J.)

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