Living Will vs DNR Order: Medical Decisions and Legal Effect Compared

The Uniform Health-Care Decisions Act, Section 5, governs the process of creating a living will and a Do Not Resuscitate (DNR) order. Homeowners and tenants alike are affected by this statute, which outlines the requirements for advance directives.

As of January 1, 2020, the effective date of the Patient Self-Determination Act, a $500 penalty may be imposed for non-compliance with advance directive regulations.

Living Will and DNR Order Governing Law

The living will and DNR order process is governed by Section 18 of the Uniform Health-Care Decisions Act, which sets forth the criteria for the creation and implementation of advance directives. In plain terms, this means that individuals must be at least 18 years old and have the capacity to make informed decisions. The statute also requires that advance directives be in writing and signed by the individual or their authorized representative, with a 30-day waiting period before implementation.

This is where the law gets teeth, as Section 18 of the Uniform Health-Care Decisions Act imposes a $1,000 fine on health care providers who fail to comply with a valid advance directive. The court has consistently upheld this provision, citing the importance of respecting an individual’s autonomy and right to make informed decisions about their own care, as outlined in the Patient Self-Determination Act of 1990, 42 USC § 1395cc.

Eligibility and Requirements

Individuals seeking to create a living will or DNR order must meet certain eligibility requirements, including residency in the state for at least 6 months and income below a certain threshold, typically $50,000 per year. The statute also requires that individuals have the capacity to make informed decisions, as determined by a licensed physician, within a 90-day evaluation period.

In practice, this means that individuals must provide documentation of their residency and income, as well as undergo a medical evaluation to determine their capacity, with a 120-day deadline for completion. The court has established a 3-part test to determine capacity, which includes the ability to understand, appreciate, and reason, as outlined in the case of Matter of Conroy, 98 NJ 321 (1985).

Required Documents

Individuals seeking to create a living will or DNR order must provide certain documents, including a valid government-issued ID, proof of residency, and a completed advance directive form, which can be obtained from a licensed health care provider or the state department of health. The statute requires that these documents be notarized and witnessed by two individuals, with a $20 notarization fee.

The documents required for a living will and DNR order include:
* A completed advance directive form, signed and dated by the individual or their authorized representative
* A valid government-issued ID, such as a driver’s license or passport
* Proof of residency, such as a utility bill or lease agreement, dated within the past 60 days
Common mistakes include failing to have the documents notarized or witnessed, or using an outdated advance directive form, which can result in a $100 penalty for non-compliance.

The Filing Process

Step 1: Obtaining the Advance Directive Form

Individuals seeking to create a living will or DNR order must first obtain a valid advance directive form, which can be obtained from a licensed health care provider or the state department of health, within a 14-day time limit. The form must be completed and signed by the individual or their authorized representative, with a $10 filing fee.

In practice, this means that individuals must contact a licensed health care provider or the state department of health to obtain the advance directive form, and then complete and sign the form, with a 30-day deadline for submission.

Step 2: Completing the Advance Directive Form

Individuals must complete the advance directive form, which includes providing personal and medical information, as well as designating a health care proxy, within a 30-day time limit. The form must be signed and dated by the individual or their authorized representative, with a $20 notarization fee.

The court has established that the advance directive form must be completed in accordance with the requirements of Section 18 of the Uniform Health-Care Decisions Act, which includes providing notice to the individual’s health care provider and designating a health care proxy, with a 60-day deadline for notification.

Step 3: Notarizing and Witnessing the Advance Directive Form

Individuals must have the advance directive form notarized and witnessed by two individuals, within a 14-day time limit. The notary public must verify the individual’s identity and confirm that they are signing the form voluntarily, with a $10 notarization fee.

This is where the law gets teeth, as the notary public is required to verify the individual’s identity and confirm that they are signing the form voluntarily, in accordance with the requirements of Section 18 of the Uniform Health-Care Decisions Act, with a $500 penalty for non-compliance.

Step 4: Filing the Advance Directive Form

Individuals must file the completed and notarized advance directive form with the state department of health, within a 30-day time limit. The filing fee is typically $50, and the form must be accompanied by a copy of the individual’s valid government-issued ID and proof of residency.

In practice, this means that individuals must submit the completed and notarized advance directive form to the state department of health, along with the required filing fee and supporting documentation, with a 60-day deadline for processing.

Costs and Timeline

The cost of creating a living will or DNR order can range from $100 to $500, depending on the complexity of the document and the fees charged by the notary public and health care provider. The timeline for creating a living will or DNR order can range from 2 weeks to 2 months, depending on the individual’s circumstances and the requirements of the state, with a 90-day deadline for completion.

In plain terms, this means that individuals should budget at least $200 for the creation of a living will or DNR order, and should allow at least 30 days for the process to be completed, with a $100 penalty for late filing.

State-by-State Differences

While the Uniform Health-Care Decisions Act provides a framework for the creation of living wills and DNR orders, individual states have enacted their own laws and regulations, which can vary significantly. For example, California requires a 15-day waiting period before implementation, while New York requires a 30-day waiting period, with a $500 penalty for non-compliance.

Specifically, the states of Florida, Texas, and Illinois have enacted laws that require individuals to provide additional documentation, such as a valid government-issued ID and proof of residency, with a $20 filing fee. In contrast, the states of Oregon and Washington have enacted laws that allow individuals to create living wills and DNR orders online, with a 14-day deadline for submission.

What Can Go Wrong

Common mistakes in the creation of living wills and DNR orders include failing to have the documents notarized or witnessed, or using an outdated advance directive form, which can result in a $100 penalty for non-compliance. Missed deadlines can also result in delays or invalidation of the advance directive, with a $500 penalty for non-compliance.

This is where the law gets teeth, as the court has consistently upheld the requirements of Section 18 of the Uniform Health-Care Decisions Act, and has imposed penalties on individuals and health care providers who fail to comply with the statute, with a $1,000 fine for non-compliance. As of 2022, the court is continuing to enforce these provisions, with a focus on ensuring that individuals’ rights are protected and their autonomy is respected, in accordance with the Patient Self-Determination Act of 1990, 42 USC § 1395cc.