Deciding which Version of the Halachic Living Will to Use
Agudath Israel of America has created a version of a halachic living will, which they call a Halachic Medical Directive (HMD). The Rabbinical Council of America has also created a version of a halachic living will, which they call a Halachic Health Care Proxy (HHCP). The HMD comes in different versions, depending on the state. The HHCP comes in two versions: with and without a notary.
In addition to combining an advance directive and a durable power of attorney in a halachically acceptable way, both the HMD and the HHCP state that the named rabbi should determine the definition of death, whether or not postmortem procedures may be undertaken, and the handling and disposition of the body.
We recommend that the rabbi of each shul choose the halachic living will he is most comfortable with, and use that version in the halachic living will event. Each state has its own laws regarding how the signature on the living will must be authenticated.
In Maryland the document must be signed by two witnesses. The person you name as your health care agent cannot serve as a witness. In addition, at least one of your witnesses must be a person who is not entitled to any portion of your estate, and who is not entitled to any financial benefit by reason of your death.
The various versions of the HMD and the HHCP can be viewed and downloaded by clicking the "Advanced Directive Document" listed below.
In addition to combining an advance directive and a durable power of attorney in a halachically acceptable way, both the HMD and the HHCP state that the named rabbi should determine the definition of death, whether or not postmortem procedures may be undertaken, and the handling and disposition of the body.
We recommend that the rabbi of each shul choose the halachic living will he is most comfortable with, and use that version in the halachic living will event. Each state has its own laws regarding how the signature on the living will must be authenticated.
In Maryland the document must be signed by two witnesses. The person you name as your health care agent cannot serve as a witness. In addition, at least one of your witnesses must be a person who is not entitled to any portion of your estate, and who is not entitled to any financial benefit by reason of your death.
The various versions of the HMD and the HHCP can be viewed and downloaded by clicking the "Advanced Directive Document" listed below.
In addition to combining an advance directive and a durable power of attorney in a halachically acceptable way, both the HMD and the HHCP state that the named rabbi should determine the definition of death, whether or not postmortem procedures may be undertaken, and the handling and disposition of the body.
What is an EMES card?
In order for a halachic living will to be useful, it must be easy to locate and access in case of emergency. The National Association of Chevra Kadisha (NASCK) developed the EMES card in order to ensure that a person’s wishes are immediately available to first responders. The EMES card contains a brief summary of the halachic living will, as well as the name and contact information for the healthcare proxy and rabbi. The EMES card is attached to a driver’s license or ID, in a specially created sleeve, so it can be easily found and accessed.