An advance directive is your life, on your terms. Documenting
your end-of-life wishes whether you are 18 or 80 will help family
members honor your wishes and they will not have to make emotional
heart-wrenching decisions if you become incapacitated.
Formal
advance directives are documents written in advance of a serious
illness that state your choices for health care, or name someone to make
those decisions for you, should you lose your decision-making capacity.
End-of –life care has become an issue of great concern mainly because
of the advanced medical technology available to prolong life and because
of the growing number of legal cases involving comatose patients whose
families wish to withdraw treatment.
The
way for you to retain control is to record preferences for medical care
in advance and share them with your family, physician and clergyman. Laws vary from state to state, but in most cases, a patient’s expressed wishes will be honored.
LIVING WILL:
A
living will is a document that stipulates the kind of life-prolonging
medical care you desire should you become terminally ill, permanently
unconscious, or in a vegetative state . Many states have their own
living will forms, each with somewhat different requirements. Standard
forms are available at book or stationery stores, online or you can make
your own form or write a statement, but your state’s witnessing
requirements must be adhered to. South
Carolina requires two witnesses. The living will must be signed by the
maker, dated and witnessed by two individuals that you know well, but
are not related.
A Durable Health Care Power of Attorney:
A
durable health care power of attorney is another kind of advance
directive: a signed, dated and witnessed document naming another
individual to make medical decisions for you if you are unable to make
them for yourself at any time, not just at end-of-life. You can specify
desired treatment or treatment you care to avoid, such as artificial
nutrition, surgery and hydrations. Most states have specific laws concerning health care power of attorneys and provide suggested forms. South
Carolina provides the statutory form, code of laws section 62-5-504 and
requires two witnesses. Living wills were developed first and health
care powers of attorney were designed later to be more flexible and
apply to more situations. Today, it is possible to have both and some
states combine them into a single document.
Advance
directives may be changed or revoked at any time. Any alterations or
revocations should be signed and dated, and copies given to family
members, physician, clergyman and attorney, if applicable.
If
there is no advance directive by the patient, medical decisions are
left up to the family members, physicians, hospital and ultimately a
judge. Many times when advance directives are unavailable, the patient
ends up spending months or years on life-support machines causing
unnecessary emotional or financial distress on their loved ones. By
documenting your wishes when you are competent, you can relieve your
loved ones of many heartaches, headaches and unnecessary distress.
Where can one obtain living-will and health-care –power-of-attorney forms?
Forms
for all states can be obtained by writing or calling the National
Hospice & Palliative Care Organization, 1700 Diagonal Road, Suite
625, Alexandria, Va. 22314, 1-800-658-8898. Forms may also be obtained
by visiting the National Hospice and Palliative Care Web site, www.caringinfo.org.
Labels: Advance Directives, Advice, Death, Durable Health Care Power of Attorney, Durable Power or Attorney, Funeral Planning, Legal Documents, Living Will
