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CHAPTER 3:
Advance Care Planning

  • The Durable Power of Attorney for Health Care
  • The Living Will
  • Treatment Preferences Document
  • Making an Advance Directive
  • Common Questions and Answers

Advance Directives are written instructions to guide your doctors and nurses and inform them of your treatment wishes. Advance Directives can be written anytime and changed anytime. You can get standard forms for Advance Directives at all hospitals.

Three different kinds of advance directives are: The Durable Power of Attorney for Health Care, the Living Will, and a Treatment Preferences Document.


The Durable Power of Attorney for Health Care

* Allows you to appoint someone to speak for you if you should be unable to make decisions for yourself. This person is called a Health Care Agent. You can also name an alternate agent.

* Gives your Agent legal authority to make health care decisions for you when you are unable to make them.

* Allows the hospital to give your Agent information from your medical record to help make health care decisions.

* Instructs your Agent to follow your wishes.

* Applies to your health care, not your financial or business affairs.

The Living Will

 

  • This is not legally binding but is very helpful to your doctor and Health Care Agent.
  • Applies only if you are terminally ill, with no hope of recovery.
  • States that you do not wish to have treatment that would artificially prolong your life.
  • States that you wish to be allowed to die naturally and be given only that treatment needed to make you comfortable.
  • Allows you to add any preferences or details about treatment.
  • Is particularly helpful for patients who do not have someone to name as a Health Care Agent.

Treatment Preferences Document

If you have personal or religious beliefs that should affect your care, consider a treatment preferences document.

  • Lists any specific instructions about treatment.
  • Describes situations in which you may state your desire to have different treatments.

Making an Advance Directive

You do not need a lawyer to make an advance directive. However, many lawyers will include these in your estate plans.

  • Talk with your family, friends, clergy and health care providers about the possible outcomes of different kinds of treatments you might wish to receive.
  • Think about what is important in your life.
  • Go through the Advance Directive forms. Make sure that you understand the wording.
  • You should tell the Agent where your written instructions are located.
  • You should give a copy to your Agent, your doctor, your attorney, and your hospital.
  • You should try to name an alternate Agent.

Common Questions and Answers

Who can be a health care agent?

* Must be 18 years or older.

* Should be someone you know and trust.

* Often is a family member, friend, or member of the clergy.

* Should be someone who knows your
preferences and values.

Who Can Be A Witness?

* Two competent adults, 18 years or older. These persons should not be your doctor or nurse, a family member, or someone with whom you have a financial tie.

 

Can I change my mind about something after I've completed the Advance Directive?

Answer: Yes

* You can always change your Advance Directive.

* It is best to put changes in writing and cross out old information or destroy old documents.

* If you do not talk to your Agent about your wishes, s/he will "guess" correctly about two-thirds of the time. Therefore, make sure you always discuss changes.

 

Suppose I want to have everything possible done but
only as long as there is a reasonable chance of recovery?
Can an Advance Directive let me do that?

Answer: Yes

* Trying a treatment for a limited time is common. Within a few days the chances for your getting better usually becomes clear.

* Doctors would use a treatment as long as there seemed to be a reasonable hope for improvement.

Is a Living Will the same as a regular will?

Answer: No

* A Living Will is for health decisions when you are terminally ill and unable to communicate. Examples: if you were in a coma or had end-stage cancer.

* Regular wills (Estate Wills) are for personal possessions and finances, and only go into effect after you have died.

Do I need a lawyer to complete an Advance Directive?

Answer: No

* Most forms do require two people to witness.

* If you need to have a form NOTARIZED, you can usually find a notary public at your bank or in the yellow pages.

What if there is no one I want to make decisions for me?

* Living wills are useful even if you have no one to name as an agent.

* Living wills can guide doctors and nurses toward the kind of treatments you would or would not want.

What if my family doesn't agree with my Advance Directive?

Good planning and communication can help.

* Prepare your Advance Directive before you become seriously ill.

* Have your family take part, if possible.

* Name as a Health Care Agent someone you can trust to carry out your wishes. It does not have to be a family member.

Does having an Advance Directive mean I won't get any treatment?

Answer: No

* An Advance Directive does not mean you will be abandoned. It ensures that you get the care you want by appointing someone to advocate for you.

What if I don't want an Advance Directive?

* Advance directives and living wills are not required. But you have a right to have or not have these legal documents.

* You can change your Advance Directive or destroy them if you change your mind.

What Other Persons Might Choose

Surveys have examined treatment choices of "typical" Americans. (See the Table) The numbers indicate trends that may be helpful for you to consider when making your Advance Directive.

Of course, what a group favors will not predict what an individual like you may want. You need to make your own decisions and make sure that you discuss your decisions with your doctor and your health care agent.

What About Nursing Home and Long Term Care?

Inability to do self-care is a real concern for most persons as they age. Family members and friends can often give needed help, at least for a few weeks. Although most persons in need of assistance are cared for at home, it is estimated that as many as 40% of Americans who turned 65 in 1990 will spend some time in a nursing home. For most, it will be a short stay.

When preparing an advance care plan, you should think about how you would like your long term care needs to be met.


What About Terminal Care?

Physicians can often estimate which patients are likely to die within a year. The most common conditions are cancer, heart disease, respiratory disease, and dementia. The major needs during the dying process are assistance with self-care, emotional support, pain control, and nutrition.

When preparing an advance care plan, you should think about how these needs would be met if you became seriously ill.

                                    "Typical" Choices for No Treatment*
                        When a Person Is Unable to Speak for Him/Herself

Graph of the conditions under which treatment is NOT desired

*It is usually easier for people to say what they don't want than what they might accept in these situations.
 

Click here for sample "Advanced Directive" forms.

Click here if you would like more information about managing serious illness and talking to loved ones about it.

We have tried to make the How's Your Health error-free. However, those involved in its preparation can not warrant that all of the information is accurate and complete. When you use How's Your Health as a guide for your health and medical care, be sure to discuss any questions about it with your doctor, nurse, or other health care worker.



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Last reviewed: January 2010
© 1997-2010 FNX Corporation
and Trustees of Dartmouth College.
All Rights Reserved.