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Toby Laping Associates www.WNYCareManager.com
Eldercare News |
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You Need To Know . . . Health Care Directives by Toby F. Laping, Ph.D., C.S.W., Private Care Manager Advanced health care directives are statements of what life sustaining medical treatments you want and who you want to speak for you about those treatments if you can’t speak for yourself. These directives are among those things that most of us think are a good idea but never get around to doing anything about. If you have written down who you want to act as your proxy for making decisions about your health care if you can’t make decisions for yourself, if you have had that statement witnessed by two people, if you have written down that your proxy also has the right to make decisions about whether you receive artificial feeding and/or artificial hydration, and if you have also spoken with your proxy about your wishes, you’re on the right track. You should have given copies of the proxy form to your physician, your attorney, family members including the proxy, and maybe even posted a copy on your refrigerator door. If you’ve done all that, you’re way ahead of most people. Then, if you have also completed a durable power of attorney form, you probably don’t need to read the rest of this article. But most of you will need to read further. And, don’t think this subject is just for older people so feel free to nag your children to address these issues as well. Advanced health care directives are absolutely essential if you have any feelings about whether you do - or do not - want all possible measures taken to keep you alive regardless of the likelihood of your returning to what would widely be thought of as an acceptable quality of life. Unless you’ve given thought to what you would want done if you became so ill that you couldn’t speak for yourself, and then written down those preferences, you would very likely be the recipient of all possible means to keep you alive. I refer to such methods as use of a feeding tube through which you would receive nutrition and hydration, and/or a ventilator to breathe for you. You might also be given cardio pulmonary resuscitation should you stop breathing, before being put on a ventilator. If you want those measures taken on a permanent basis, that’s fine. If you don’t want those measures taken on a permanent or maybe even on a temporary basis, then you must identify someone that you want to make decisions for you if you can’t speak or think for yourself. You must ask that person if he or she is willing to be your health care proxy, and you owe it to that person to talk about what measures you would want done for you and what measures you would not want done, and under what circumstances. And then, write down how you feel. This identification of that person is referred to as appointment of a health care proxy. Every health care facility has forms which are printed by the New York State Department of Health and completion of them requires two witnesses; notarizing is not necessary. You can call any hospital or your doctor’s office for a free form. In addition, many attorneys have written very complete health care proxy forms which state in some detail what the assignor’s preferences would be for various life sustaining treatments. Often, those detailed directions are referred to as living wills. Living wills are not to be confused with wills which deal with treatment of property after death. Those are also essential but much more common and so many more people are familiar with them. Yet another type of will which is gradually gaining acceptance is an ethical will. That carries no legal authority but serves as a statement of one’s wishes, prayers, expectations, and/or hopes for one’s heirs. It is also essential that you assign someone to be your durable power of attorney. This is typically an on-going power but it is particularly essential in the event that you become disabled or ill and can’t act on your own behalf. Under those circumstances, someone must have the legal right to access your funds in order to pay your bills. Without that legal right, your relatives face the potential need for a guardianship proceeding which can be lengthy, very expensive, and emotionally draining. Power of attorney forms should be notarized and again, you need lots of copies. As long as you are competent, you can change the person you picked to be your health care proxy as well as the person you picked to be your Power of Attorney. You can also name additional people. Many people carry copies of their health care proxy form, along with any advanced health care directives, in their wallets. Complete all these forms and you will have increased the chances that you will be dealt with according to your wishes. You will also have done your loved ones a huge service by resolving very difficult decisions instead of leaving them for your family to struggle with. You owe them that much! |