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What States Recognize the Five Wishes?
The Five Wishes advance directive for healthcare is recognized in all 50 states. However, as of this writing, four states (New Hampshire, Kansas, Ohio and Texas) mandate an additional step […]
The Five Wishes advance directive for healthcare is recognized in all 50 states. However, as of this writing, four states (New Hampshire, Kansas, Ohio and Texas) mandate an additional step in order to execute your directive legally. Below is a summary of these requirements:
- New Hampshire: In addition to the Five Wishes form, anyone who wishes to create an advance directive must use the statutory form and specific language supplied by the state. The form and instructions can be accessed online as a pdf or you may ask your healthcare provider for a copy of the form.
- Texas: Texas law requires that an advance directive for healthcare and medical power of attorney be executed using statutory forms supplied by the state. You may attach the Five Wishes document to the state-mandated form if you wish. Below are links to the pdf versions of the various statutory forms:
- Directive to Physicians and Surrogates (Living Will)
- Medical Power of Attorney (designation of healthcare agent or surrogate)
- Out of Hospital Do Not Resuscitate Order
Additionally, Texas, along with about half of the states, has adopted a psychiatric advance directive. Unlike an advance directive that covers end-of-life scenarios, this declaration allows individuals with serious mental health conditions to state their wishes about medical care and hospitalization before a crisis occurs.
- Kansas: Like New Hampshire and Texas, Kansas requires you to use the statutory declaration prepared by the state to document your wishes about life-sustaining treatments and designate a healthcare surrogate.
- Ohio: Like the other states mentioned above, Ohio requires you to use a state-approved form and language to document your wishes regarding medical care and who can authorize treatments if you cannot do so yourself. The form is available online in pdf format or you may ask your healthcare provider to supply you with one.
Sources
“New Hampshire Advance Directive: Planning for Important Healthcare Decisions”. CaringInfo. https://www.caringinfo.org/wp-content/uploads/NewHampshire.pdf
“State by State Info”. National Resource Center on Psychiatric Advance Directives. https://nrc-pad.org/states/
“Kansas Advance Directive: Planning for Important Healthcare Decisions”. CaringInfo. https://www.caringinfo.org/wp-content/uploads/Kansas.pdf
