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by Mary Kowalski
Health insurance comes in many forms. Most individuals are aware of
the benefits of their healthcare insurance and use the benefits of their
policies to maximize personal health. An individual makes choices to see
the physician, take medications, and undergo procedures. Each individual
makes his or her own choices regarding healthcare decisions. That is to
say, a person can refuse to go to the office, refuse to take
medications, and refuse to undergo procedures. But what happens when you
lose your ability to make choices? The law provides individuals with the
ability and the protection to make decisions regarding possible future
needs for healthcare. Advanced Directives provide legal safeguards which
require that healthcare providers follow your decisions.
What are Advanced Directives? Formerly referred to as a living will or a
Durable Power of Attorney for Health Care, an Advance Health Care
Directive is the accepted legal avenue to list your decisions for
healthcare. Who makes these decisions? You do, in advance of any
healthcare need. In the Directive, you can appoint another person to act
as your agent if you cannot make decisions. You can write down your
desires for limits or maximum levels of healthcare treatments.
Perhaps you think that it is too early in your life to complete an
Advance Directive. But what if fate decides differently? Who will speak
for you if you cannot? Often a person tells family and friends his
healthcare desires if anything drastic should happen. However,
healthcare providers, such as physicians, are not legally bound to
follow a family member’s statements. In fact, the physician can be
placed in quite a legal and ethical dilemma, which can put the family at
odds with the physician. It is better to take a few moments and talk
about Advance Directives with family members and your physician, to get
well informed of possible choices, and to put your desires into written
form.
Advance Health Care Directives are the best way to make sure that your
decisions regarding your personal health choices are followed. Many
years ago, healthcare professionals, administrators, and attorneys
oftentimes ignored the value and acceptance of a patient’s personal
healthcare wishes. During that time, healthcare was just beginning to
develop sophisticated medicines and high-tech machines could keep people
alive beyond what had been “normal” lifetime expectations. Thus a
patient with a terminal disease could be resuscitated and put on
machines that would keep the lungs filled with air. Potent medications
and electronic devices could sustain the patient’s vital signs. A new
philosophy emerged from this change. The ability to sustain life was
found to be different from having a quality of life.
The brain-damaged individual who would never wake from a vegetative coma
could often be physically maintained for many, many years. The effect of
medical marvels was that physical survival may have been maintained but
patients suffered through therapies that they might not have chosen, if
they had been given a choice. Families suffered emotionally,
spiritually, and financially.
Advance Healthcare Directives provide each individual person with his or
her own opportunity to notify physicians, family, and friends of his or
her own wishes. Anyone over the age of 18 (or is an emancipated minor),
of sound mind, and acting of his or her own free will can legally
complete a Directive. The forms are neither complicated nor difficult to
complete. You do not need a lawyer to complete the form.
How do you go about completing an Advance Directive? The Internet has
multiple sites with information and free forms to download. To find
them, search for Advance Directives. Hospitals and doctor’s offices will
have the forms. You can purchase the form at most stationery stores.
June 2001
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