Apr 01 2005
Living Wills and POA Issues
Kim put this out the other night for me. I just put it on top here again, since Terri passed away.
All this Terri saga gets everyone thinking about what THEY would want…then everyone goes out to get a living will or they think they are all set because they already have one. A living will is a directive for doctors to use when we become unable to make our own decisions. It is a permission slip, so to speak. The chances are fairly good that the doctor treating you-if a tragic event occurs- will not have access to your living will. A copy of the will should be kept in your medical record as well as with close family and friends.
Each state has different laws regulating issues about life and death. A living will is only one document you must have. You also need a Health Care Power of Attorney This is the person who will make sure your wishes are carried out (The Michael Schiavo’s of the world, only hopefully with better intent). Medical personnel are not allowed to take on the role of HCPOA in many states!…this includes doctors, nurses, CNA’s, ect. So if your HCPOA works for a hospital or nursing home or other healthcare facility, make sure they are legally able to take on the role. In most states medical personnel are considered to have a conflict of interest in these issues. (We each took an oath to keep you alive at all costs)…
The HCPOA doesn’t become effective until three things happen:
~you are diagnosed to be close to death from a terminal condition or to be permanently comatose
~you cannot communicate your own wishes for your medical care — orally, in writing or through gestures, and
~the medical personnel attending you are notified of your written directions for your medical care.
Keep that first thing in MIND. And keep in mind that many states do not allow tube feedings, or nutrition and hydration, to be considered “life supports” nor will they permit medical staff from witholding food and water.
It’s really important to understand this stuff. If you live in a state that has this on it’s books, your doctor is legally bound to transfer you to another state where witholding food and water is allowed.
About those DNR orders: You can ask your doctor to make you a “DNR” order for your medical record. If you can’t make that choice, your HCPOA can. This would cover you if you’re in a hospital or other healthcare facility. If you want to prevent EMT’s from doing CPR on you, you need to get what we call a “prehospital DNR order”…
And get a medic alert bracelet. EMT’s do not always follow DNR orders just so you know. They have a duty to save lives as well, and if they have even one iota of doubt, they will save you before they will allow you to die.
If you are a woman and you’re pregnant, all living will issues may not matter. The life of the unborn takes precedent over the mother’s life (isn’t this ironic as hell….in today’s abortion on demand world).
One more thing: Many healthcare facilities have policies in place that would prevent them from carrying out many living will directives. No healthcare facility will follow through with advanced directives that would not follow medical practice standards.
(written by Raven)
5 Responses to “Living Wills and POA Issues”
I just finished reading an article written by the president of the american bar association. It almost made me puke. Wanting us to show respect for judges. I am in favor of a law that would automatically place a DNR in every judges medical file. If any wants to read the article is it at http://www.abanews.org/statementsletters/stijudiciary.html
Lawyers want to become judges someday -thats why they kiss up to them. Scum bags for the most part. There are some really good ones though. Just don’t expect them all to look as cute as Johnny Edwards.
Do you really think John Edward looks cute. Oh Raven her personality sucks saying that John Kerry would never leave a man behind in Vietnam.
This part is of great concern to me: “If you live in a state that has this on it’s books, your doctor is legally bound to transfer you to another state where witholding food and water is allowed.”
Do you mean to tell me that no matter what the law is in your state, they’ll transfer it to a state where it’s legal in order to do this to me?
If it’s what you have written down, then yes, they will transfer you. If it not written down, they will not. You gotta be really clear in what you want, and this can be really hard.