Advance Directives: Common Questions
Q: Should everyone have a Living Will?
A: Yes. Tragedy and terminal illness can strike at any age. (Remember Karen Ann Quinlan and Hugh Finn?) A Living Will alone, however, is not the document people most commonly need. As a threshold goal, most people should have a Health Care Power of Attorney (or Health Care Proxy), that names a trusted adult as an agent to communicate their wishes when they are unable to speak on their own behalf. An even better alternative is to execute both documents in a single form called an “Advance Directive”, that names an agent and provides guidance about one’s wishes in the event of a terminal condition.
Q: Are Advance Directives legal in other states?
A: Yes, many states recognize out-of-state Advance Directives, although legal terminology may differ. If there is doubt, the rules of the state where treatment takes place, not the state where the Advance Directive was signed, will normally control.
Q: Do I give up control and flexibility when I name an agent?
A: No, an Advance Directive does not limit your authority or choice. As long as you remain able to make decisions, your consent must be obtained before any medical treatment is administered.
Q: Does an Advance Directive mean, “Don’t treat”?
A: No. While many people use Advance Directives to avoid being kept alive against their wishes when near death, it is a mistake to assume that the existence of an Advance Directive means, “Don’t treat”. Advance Directives are also used to say that the individual wants all possible treatments within the range of generally accepted medical standards. What is said depends upon your particular wishes and values.
Q: If I do not have an Advance Directive, can I rely on my family to make my health care decisions when I am unable to do so myself?
A: Typically, when a person does not have an Advance Directive, the hospital or State will rely on family members in order of kinship, to make some or all health care decisions. However, problems may arise when there is a disagreement between family and doctors about the best course of action. In these situations, patients risk having decisions made contrary to their wishes by ethics committees and total strangers. Moreover, family members and people close to the patient experience needless agony in being forced to make life and death decisions without the patient’s clear guidance. It is far better to make your wishes known and to appoint an agent ahead of time through an Advance Directive.
Helpful Pointers
* You may cancel or change an Advance Directive for Health Care at any time.
* If you do not have an Advance Directive, decisions to continue or end medical treatment are usually left to one’s family and doctor but, in cases where family and doctor disagree, a judge must intervene.
* Although health care providers are required to give information on Advance Directives when you enter a health care facility, this is NOT the best time to consider the option. It is best to create an Advance Directive prior to any hospital stay or unexpected illness.
* If you have a Durable Power of Attorney, be sure to give a copy to your health care agent.
* Make sure your doctor has a record of your Advance Directive, as part of your permanent medical record.
* Keep a second copy in a secure, easily accessible place.
* Keep a small card in your wallet or purse stating that you have an Advance Directive, where the document is, and naming the person you have appointed to make medical treatment decisions for you.
* The law does not require you to have an Advance Directive, it just makes sure you know your right to have one if you choose.
|