What happens when my doctor refuses to honor my Advanced Health Care Directive?


Ideally, this issue is addressed when you provide your doctor with a copy of your Advanced Health Care Directive. At that time, if your healthcare provider has any reservations about continuing to provide your medical care, you will be made aware of the issue. If this conversation hasn’t occurred before you have been diagnosed with an end stage condition, a persistent vegetative state, or a terminal condition, a conversation must take place between either your named Health Care Agent, if you have one, or your most immediate next of kin and your attending or treating physician. Because state law creates a rebuttable presumption of your wishes in these limited circumstances, you or your representative can proceed to either finding another physician to take over your care who will follow your directions, or in the most extreme case, a petition can be filed in court to determine if your Advanced Health Care Directive is valid and order that it be followed.


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