Sample forms for writing your living will, a durable power of attorney, and a Health Care Treatment Directive are available with this handout. If you want copies of those sample forms and they were not provided with this handout, ask for them. They are only samples, however, and may not conform to the laws in your state. Your state health department, local hospitals, or state bar also may be able to provide you with state-specific advance directives. You may wish to ask your lawyer about advance directives and drawing up a durable power of attorney for health care or a living will that conforms to the laws in your state.
Some older people are unable to manage their own affairs due to a medical or a mental condition.
The important thing is whether that person can understand and make decisions involving medical and financial choices. A person can be confused about time and place but still able to understand his or her choices if they are carefully explained. It is also possible for an older person to be capable of making decisions about his or her health but not about money. Doctors are often asked to assess the competence of a patient, but a doctor can only make a medical judgment about someone's ability to make decisions. A court must decide whether someone is competent.