How Often Should I Update My Advance Directive?

Advance directives should be reviewed and revised whenever major changes occur in someone’s life or healthcare preferences. A general recommendation is to review these documents at least once a year, but suggestions vary. For example, the nonprofit Compassion & Choices recommends that people review their directive whenever one of the “5 Ds” occurs:

• Death of a loved one
• Divorce of major family change
• Diagnosis of serious health condition
• Decline or change in health
• Decade has passed

Sometimes, an individual must update a directive based on who is designated as the healthcare agent. For example, a named agent may be diagnosed with a serious medical problem, or their health may begin to decline. In that case, updating the directive to name another agent is highly encouraged. Another example is if the designated agent is a former spouse after a divorce. Some people may not be comfortable maintaining their former spouse as an agent and would need to update their directive with new forms after the divorce is final. 

 A death in the family can be another cue to update an advance directive. Since deaths can affect the family structure and support system, some family members may become limited in their ability to serve as a named agent if the recent death has resulted in increased responsibilities. Similarly, if the designated agent dies, the documents will need to be updated to appoint a new agent. Otherwise, there will be no one to act on behalf of the patient when the advance directive goes into effect.

Moving to a new location is another significant change that often requires an update to advance directives. States often have specific requirements regarding the information that advance directives must contain to be legally valid. While some states may honor the current version of the advance directive from the previous state, the best practice is to confirm validity and make any necessary updates.

Sources

“Advance Care Planning: Advance Directives for Health Care”. National Institute on Aging. https://www.nia.nih.gov/health/advance-care-planning/advance-care-planning-advance-directives-health-care

Compassion & Choices. https://compassionandchoices.org/ 

“How to Revise Your Estate Plan After a Divorce”. DivorceNet. https://www.divorcenet.com/resources/how-to-revise-your-estate-plan-after-a-divorce.html 

“How Often Should You Update Your Documents?” Hurley Elder Care Law. https://hurleyeclaw.com/how-often-should-you-update-your-documents/ 

“Keep your health care directives up to date”. Harvard Health Publishing. https://www.health.harvard.edu/staying-healthy/keep-your-health-care-directives-up-to-date