Health Care Decisions: Who Decides When You Can’t?
July 26, 2010
What happens if you are unable to make your own health care decisions? By planning ahead, you can make your wishes known and name the individual that you trust to make such decisions on your behalf.
It is difficult for most people to consider a time when they cannot make decisions for themselves. Yet, this is exactly what happens when an accident or illness leaves us physically or mentally incapacitated and unable to either express our desires or possibly unable to logically evaluate our own medical situation.
The law allows you to officially express your desires as well as give permission to another person to make decisions concerning your health care when you cannot. There are two documents that you need to create: a living will and a durable power of attorney for health care.
Living Will
A living will is a document that indicates your wishes concerning the use of life sustaining medical treatment if you are terminally ill. In the event that you cannot express your desires, this document will address the use of life support technologies, nourishment, medication, pain management, and the act of resuscitation.
The format and language used in the living will is determined by your state of residence. Since it is a legal document, you will want to use an attorney to draft your document or review a living will that was created while you lived in another state to ensure that it conforms to current state law.
Durable Power of Attorney for Health Care
A durable power of attorney for health care allows you to name the person or persons that you would like to serve as your health care representative(s) when you cannot make your own decisions. Unlike the living will which applies only when you are terminally ill, your health care representative will make decisions concerning general health care issues when you cannot. For example, the health care representative may be required to make a decision concerning an unanticipated procedure in the middle of surgery. Other situations may involve a period of unconsciousness due to an accident or for treatment of an Alzheimer patient.
It is important to have the assistance of an attorney in drafting this document. You can be as explicit or as limiting as you would like in the document and, therefore, an attorney will be able to assure your desires are clearly understood and not open to interpretation.
Discuss Your Desires
It is very helpful to discuss the details of both the living will and the durable power of attorney for health care with family members, those that are named to represent you, as well as your primary physician. In addition, you may want to write a letter of instruction that provides additional information or further expresses any concerns that you may have.
Where to Keep Your Documents
An original signed copy should be maintained in a safe but accessible place, such as a home safe or fire proof file cabinet. A safe deposit box is not a desirable location unless your representative has easy access to it.
Copies of the documents should be given to your health care representative and provided to your physician(s) for his/her office medical files. Most hospitals will request copies of these documents as part of the admitting process. Likewise, it will be important for the administrator of a retirement center or assisted living facility to have a copy in their files as well.
Summary
The living will and durable power of attorney for health care documents are necessary to ensure your wishes are understood and carried out when you can not make medical decisions for yourself.
Since tragedy can strike at any time, it is appropriate for all adults, regardless of age or current health condition, to create and maintain these documents in advance of a situation arising. You may be able to purchase “off the shelf” documents, but this is not advisable. Work with an attorney to draft and periodically review your documents to be assured that they comply with current law and leave little room for interpretation.
Once you have these documents in place, you will feel more in control and your family and friends will be in a better position to appropriately carry out your wishes.
