Making Medical Decisions Before You Are Incapable
Laying the groundwork for medical decisions before you become incapable will take the pressure of making your decisions off others and will assure that your wishes are realized.
Family members often suffer great anguish debating appropriate medial care after a person is incapacitated. To avoid a traumatic time for family members, give explicit instructions before the mental capacity to do so is gone. Common means of legally communicating your wishes are Living Wills and Durable Medical Power of Attorney.
Living Wills
A Living Will is a declaration stating your wishes if you become unable to do so. The document contains information stating the types of treatment you want performed and under what conditions you want the treatment stopped. It also appoints a specific person to have the authority to make the decision to stop treatment for you.
The Living Will can assist in determining many solutions once a patient can no longer make decisions. The Government believes that possessing the ability to make medical decisions is so important that it has mandated hospitals and HMO's to offer information about patient's rights to make medical decisions. This includes making Living Wills in case of incapacity. A patient is not required to make a Living Will, but a patient must be informed of his right to do so.
Another device for voicing your intent for medical care is through a Durable Medical Power of Attorney, a specific person who would consider and chose actions during a medical situation. Having a Durable Medical Power of Attorney means that you have a spokesperson with influence over a broad multitude of possible situations - situations which might not be covered in a Living Will. The empowered person will be authorized to make the difficult decisions concerning medical care and resuscitation. The choices will be made after evaluating the incapacitated person's stated wishes, religious beliefs, and viewpoints on life. A person acting as a Durable Medical Power of Attorney does not have free reign regarding decisions. Restrictions require all actions to be in the best interest of the incapacitated person.
Another possible jurisdiction of a Durable Medical Power of Attorney is to carry out wishes of the deceased. This could include decisions such as whether or not the deceased is an organ donor and a method of dealing with the remains (burial, cremation, or cryogenics).
Without a Durable Medical Power of Attorney, the need for a Conservatorship may arise. This involves a legal proceeding that can become complicated as well as expensive.
Family members often suffer great anguish debating appropriate medial care after a person is incapacitated. To avoid a traumatic time for family members, give explicit instructions before the mental capacity to do so is gone. Common means of legally communicating your wishes are Living Wills and Durable Medical Power of Attorney.
Living Wills
A Living Will is a declaration stating your wishes if you become unable to do so. The document contains information stating the types of treatment you want performed and under what conditions you want the treatment stopped. It also appoints a specific person to have the authority to make the decision to stop treatment for you.
The Living Will can assist in determining many solutions once a patient can no longer make decisions. The Government believes that possessing the ability to make medical decisions is so important that it has mandated hospitals and HMO's to offer information about patient's rights to make medical decisions. This includes making Living Wills in case of incapacity. A patient is not required to make a Living Will, but a patient must be informed of his right to do so.
- Living Wills are available online, but professional guidance is suggested.
- Living Wills vary from state to state.
- Living Wills do not cover all possible medical situations.
Another device for voicing your intent for medical care is through a Durable Medical Power of Attorney, a specific person who would consider and chose actions during a medical situation. Having a Durable Medical Power of Attorney means that you have a spokesperson with influence over a broad multitude of possible situations - situations which might not be covered in a Living Will. The empowered person will be authorized to make the difficult decisions concerning medical care and resuscitation. The choices will be made after evaluating the incapacitated person's stated wishes, religious beliefs, and viewpoints on life. A person acting as a Durable Medical Power of Attorney does not have free reign regarding decisions. Restrictions require all actions to be in the best interest of the incapacitated person.
Another possible jurisdiction of a Durable Medical Power of Attorney is to carry out wishes of the deceased. This could include decisions such as whether or not the deceased is an organ donor and a method of dealing with the remains (burial, cremation, or cryogenics).
Without a Durable Medical Power of Attorney, the need for a Conservatorship may arise. This involves a legal proceeding that can become complicated as well as expensive.
- Durable Medical Power of Attorney forms (as are Living Wills) are available online.
- An appointed Durable Medical Power of Attorney has restrictions which dictate actions be in the best interest of the incapacitated person.
- Act now- this alleviates the necessity for family members to come to a consensus about difficult decisions in the future.
posted by letworkfromhome at 11:50 PM
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