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. Author manuscript; available in PMC: 2011 Jun 28.
Published in final edited form as: Ann Intern Med. 2011 Jan 18;154(2):121–128. doi: 10.1059/0003-4819-154-2-201101180-00012

Table.

Recommended Modifications to Advance Directive Laws to Improve Clinical Effectiveness*

Barrier Recommendation
Poor readability Allow wide acceptance of diverse advance care planning tools and oral directives
Eliminate mandatory legal language
Mandate that forms be written in plain language at a 5th-grade reading level, and consider using pictures
Mandate translation of forms into patients’ native languages, and pilot-test these forms in target populations
Durable power of attorney for health care restrictions Allow isolated patients the option of choosing a care provider as a surrogate
Allow same-sex and domestic partners to act as default decision makers
Eliminate restrictions on the authority of surrogates
Execution requirements Universally accept oral advance directives
Eliminate witness and notary requirements
Lack of reciprocity Adopt nonrestrictive reciprocity laws
Religious, cultural, and social inadequacies Include language concerning shared or group decision making and cultural, religious, and social options in statutes
*

Many of these provisions are included in the Uniform Health-Care Decisions Act.