Legal Definitions - Uniform Health-Care Decision Act

The Uniform Health-Care Decision Act (UHCDA) is a model statute developed in 1993. A "model statute" is a template or recommendation for legislation that states can choose to adopt, in whole or in part, to create more consistent laws across different jurisdictions.

The primary purpose of the UHCDA is to make it easier and more common for individuals to create "advance directives." An advance directive is a legal document that allows a person to express their wishes regarding future medical treatment, or to appoint someone to make healthcare decisions on their behalf, in the event they become unable to communicate those decisions themselves. By providing a standardized framework, the UHCDA helps ensure that these important personal healthcare choices are clearly documented, legally valid, and respected by medical professionals and family members.

Here are some examples illustrating the application of the Uniform Health-Care Decision Act:

• Example 1: A Young Professional Planning for the Future

  Sarah, a healthy 30-year-old software engineer, decides she wants to have a say in her medical care even if an unexpected accident or illness leaves her incapacitated. She uses a form provided by her state's health department, which is based on the UHCDA, to create a durable power of attorney for healthcare. In this document, she designates her sister, Emily, as her healthcare agent and outlines her preferences regarding life-sustaining treatment. Because her state has adopted principles from the UHCDA, Sarah can be confident that her wishes will be legally recognized and honored by medical providers, and Emily will have clear authority to make decisions according to Sarah's stated preferences if the need arises.

• Example 2: An Elderly Individual with Specific End-of-Life Wishes

  Mr. Henderson, an 85-year-old man with a progressive heart condition, wants to ensure he receives comfort care and avoids aggressive medical interventions if his condition deteriorates to a terminal stage. He consults with his attorney to draft a living will, clearly stating his desire to forgo artificial ventilation and feeding tubes in certain circumstances. The attorney uses language and requirements consistent with the UHCDA, which his state has enacted. This ensures that Mr. Henderson's living will is legally sound, easily understood by his medical team, and will guide his care in accordance with his personal values, preventing potential disputes among his family members about his end-of-life treatment.

• Example 3: Interstate Recognition of Healthcare Directives

  Maria created a comprehensive advance directive, including both a living will and a medical power of attorney, while living in State A. A few years later, she moves to State B for a new job. If State B has also adopted legislation based on the UHCDA, Maria's advance directive created in State A is more likely to be recognized as valid and enforceable in State B. This aspect of the UHCDA facilitates the portability of healthcare decisions, ensuring that an individual's previously documented wishes for medical care remain effective even if they relocate, thereby encouraging people to make these important decisions without fear that they will become invalid across state lines.