Cancel (revoke) a Health Care Directive

What is a Health Care Directive?

It’s a form that lets you state what kinds of medical treatment you do or don’t want if you are terminally ill or permanently unconscious and can’t make decisions for yourself. It also lets you write down your health care values.

A health care directive is also called a “Living Will”.

Is a health care directive the same thing as a power of attorney?

No. A power of attorney lets you choose a trusted friend or relative to help you with your health care decisions. A power of attorney doesn’t list your instructions for your care like your health care directive does. The health care directive says what you want for your care and the power of attorney gives someone the power to make health care decisions for you. It’s a good idea to have both a power of attorney and a health care directive as a part of your estate plan. 

We have a separate form to cancel (revoke) a power of attorney. Don’t use the form in this guide.

When can I revoke a health care directive?

You can revoke a health care directive at any time so long as you can communicate that you want to revoke it. 

The law says that no specific mental state or capacity is required to revoke a health care directive. If you can destroy the directive, verbally say you want to revoke it, complete a revocation form or instruct someone to revoke the directive on your behalf, then you have capacity to revoke the directive. If you have the capacity to make your own health care decisions, you have the capacity to revoke the directive.

If you’re in a coma or otherwise unable to communicate, your loved ones or power of attorney can’t revoke a directive on your behalf.