Are health care providers legally obligated to follow an advance directive?
ANSWER As a matter of law, medical providers cannot treat an individual against his or her wishes, including wishes contained in a directive or contrary to the decision of the patient’s authorized proxy. There can be complications, however. First the doctor or health care facility must know about the directive in order to implement it. It is up to the patient and those close to the patient to ensure that everyone who might need a copy of the directive has a copy. Second, vague language in a directive does not give much guidance, and even giving a proxy broad authority to interpret one’s wishes doesn’t help much if the proxy is not sure what the patient would want done. Third, most states permit a physician or facility to refuse to honor an advance directive based on reasons of conscience, but the facility must notify the patient of its policies regarding advance directives at the time of admission, and should provide assistance in transferring the patient to a provider who will comply
