Advanced Health Care (POA) A National Ethical Debate: Since 1990, the Supreme Court has maintained that a competent person always has the constitutional right to accept or refuse medical treatment. However, when you cannot speak for yourself, who do you want to speak for you? And what kind of limitations do you want to place on their authority? Here are five essential things you need to keep in mind about advance Health Care directives:
1. Know what documents do what
By executing an Advanced Health Care (POA) Power of Attorney, you appoint someone to make health care decisions for you if you are physically or mentally incompetent. On the other hand, a Living Will is a directive from you to your doctors letting them know whether you would like to receive artificially supplied life-sustaining treatment. Since these documents originate at the state level, there are inevitably statutory variations among states that can affect how and even if your wishes are implemented.
2. Choose your healthcare decision-makers carefully
Before executing any health care document, discuss your wishes with your designee to ensure they understand them and have no ethical objections to your decision. You will want to ensure that your designee will act as you have directed. And not according to their own ethical opinions.
3. Give copies of any documents to your Primary Care Physician
Always give a copy of your documents to your primary care physician to be placed in your permanent medical record. Not only does this ensure the document’s availability. But it also allows you to discuss the practical consequences of the documents with your doctor. So you can make a full and informed decision.
4. Update your health care documents frequently
Like all legal documents, you should ensure that they are kept up to speed with the circumstances of your life. The older a document is, the more likely it is to be challenged as not reflective of your current wishes. On the other hand, a recent record can be clear and convincing evidence of your wishes. I recommend that everyone execute their desired advanced healthcare directives every few years.
5. Cross your T’s and dot your I’s
Although most states have developed forms for their Advanced Health Care (POA) Power of Attorney health care directives. You should consult an attorney to ensure the document complies with your wishes. Do you have any specific religious beliefs on blood transfusions, organ transplants, or other medical treatments? If so, you should consult a clergy member and make your views evident in your documents. Also, be wary of forms given to you at the hospital. Some hospitals have modified the conditions prescribed by statute. You should also remember that if a hospital refuses to honor your advance health directive, you can be transported to another facility where your wishes will be respected.
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