Why we do not recommend statutory forms?

Statutory forms are forms published in state laws that authorize advance directives.

The Dorothy Garske Center forms were developed because of inadequacies in the Arizona statutory forms. Arizona’s living will statute refers to its statutory forms only as "samples." The statute clearly states that you are not required to use them.

The acceptability of dgcenter.org forms in states other than Arizona has the most recent information we have on which states require use of statutory forms.

Our suggestion is that if the statute of your state does not require you to use the statutory form, consider some alternatives. In addition to adapting the dgcenter.org form, you might look for an attorney with acknowledged expertise in advance directives. Statutory forms are fairly useless as treatment instruction documents. This is the situation in Arizona. We have yet to see a statutory form we would recommend.

The whole idea of publishing a form within a state law dealing with communications between patients and their physicians on a subject as fraught with difficulty as end-of-life decisions seems a bit loony! (We admit that even though we proposed just that in 1991.)

Reasons for using statutory forms even if they are not required by your state's laws.

One argument for using statutory forms is that they will never be legally questioned.

In some states, such as California, where a great deal has been invested in promoting the statutory form, albeit a miserable one, it may be going to much against the grain to deviate from the statutory form. California residents have purchased our documents.

Some suggest that you attach your own document to a statutory form. This can get cumbersome, which raises its own problems with respect to compliance.

If you have a personal physician, ask her or him if the form you have chosen or drafted is acceptable. You need to discuss your directive with your physician anyway.

You can download statutory forms for all states at  the Choice in Dying web site (choices.org).

Return to list of states that require use of statutory forms

Return toOverview of Advance Care Planning

Return toStep 1