Legal jargon can be confusing, especially when you are
dealing with potential life-and-death health care decisions. Many documents can
help you plan for a time when you may be disabled or die, but choosing the one
that is right for you can be complicated because their meanings overlap. In
general, Advance Care Directives
refer to a variety of documents that you can use to make your wishes before you
become very ill or injured.
Tip
An Advance Care Directives is a set of instructions that make advance preparations
for ill health that determine his or her health desires. A living will is a
type of advance directive that becomes effective when a person is ill.
Various Treatment Options
State laws regarding Advance
Care Directives vary, but generally the information contained in a living
will is very similar. A survivor will tell your health care provider what type
of treatment you want or do not want you to become disabled.
The DNR order - another type of advance directive - is
similar. DNR means "non-revitalization" and instructs your physician
not to take life-saving measures such as cardiopulmonary resuscitation.
However, another type of Advance Care Directives - a medical power of attorney - puts these
decisions in someone else's hands. In a medical POA, you name an agent who will
determine treatment options and resuscitation for you, in the event that you
cannot make this decision.
Limitations for Certain Conditions
A living will can only address the absolute conditions
mentioned in the document. For example, it may state that you do not want CPR,
but what if you really need a feeding tube? If your occupants do not
specifically mention the feeding tube, your physician is in the dark about how
to deal with the issue.
An advance directive such as Powers Of Attorney is not subject to this limitation. The person you have delegated
as a health care agent will decide if you should have a feeding tube.
Enforceability of Advance Care Directives
Your living will is iron and you are the only one who can
change the conditions. Technically, your family members cannot override it if
the time comes when you are unable to speak for yourself. However, it does not
always work this way. If a family member is strong, desperate and passionate,
then it is possible that your health care provider can follow his or her wishes
instead of fulfilling your wishes.
Your doctor may be justified in doing so if your living will
is too vague and does not clearly address the problem you are suffering from.
Other types of advance care directives are much more binding on physicians. For
example, your DNR order addresses a specific treatment so it probably won't be
unclear. Under the terms of a medical POA, your agent has the right to instruct
your doctor about all methods of treatment, so there is nothing left for your
doctor to explain.
Advance Care Directives Option
Because a living will is only one type of Advance Care Directives, you are not
limited to using only this document. You can write a living will, create a
medical POA and also prepare a DNR order. However, you may want to first confer
with a lawyer in your particular state.
Depending on where you live, the health care agent you
designate in your medical POA may or may not be bound by your living
conditions. He may be able to override them. In this case, and especially if
there is no one you feel you can trust with your life to fill this role, you
might be better off living a very clear life instead.
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