Health Care Power of Attorney
By : Dr. Eddye Bullock, M.D.
There
is a good chance you may have never discussed your wishes regarding medical
care with your love ones. I cannot begin to count the number of times family
members and loved ones were at a lost on how to carry out medical care when the
patient is unable to make those decisions for him or herself. We have all seen
the stories that end in long court battles. When a loved one is too sick to
make their own medical decisions it can prove to be emotional and overwhelming
time for family and friends. As a result, it is important that you talk to
loved ones on what types of medical care you would want if you became
incapacitated. Of course, it is impossible to predict every possible scenario
that could lead to incapacitation. Yet, you need to give an idea to loved ones
whether you would want to be place on a respirator (breathing machine). Do you
want a feeding tube? Do you want CPR (chest compressions and electrical shocks)
if your heart stops? I think those are some good starting points to jumpstart
the conversation. I know it may sound morbid but having this discussion with
your family can save your love ones a lot of frustrations down the road.
What
is a Living Will?
A
living will is a legal document that clearly spells out if you want “heroic
efforts” done if your hear t or lungs stop working. The medical lingo is DNR or
do not resuscitate. (Yes, medicine has too many abbreviations. At times, it may
feel you have fallen into a bowl of alphabet soup.) Ok, back to DNR. You can
choose not to have chest compressions, to be placed on a respirator, have a
feeding tube inserted or withholding all these including antibiotics and just
receive fluids. If you choose to be a DNR, your chart in the hospital will be
labeled upon admission and usually you get a special colored bracelet. The
living will can be changed, temporarily suspended or cancelled at any time. For
example, you can be a DNR and need to have surgery which would require a
respirator during the procedure. During the surgery, the DNR can be temporarily
suspended and reenacted after surgery. The doctors and hospitals are legally
obligated to follow your wishes as spelled out in the living will.
The
Task of Decision Making
When
you are incapacitated, who gets to make these decisions? If you do not have a
health care power of attorney on record, the next of kin gets to make that
decision. So if you are married, it would be your spouse. If you are single
with no adult children, the default person would be your parents. Siblings
would be next in line and so forth. What if you do not want you next of kin to
have this power, you can designate anyone of your choosing by completing a
health care power of attorney form. This person can only make decisions
regarding your medical management in the event that you can no longer make those
decisions. This is a fairly simple form that is signed by you and has to be
witnessed. It would be important that your family physician has a copy of this
along with your designee. A healthcare power of attorney is an excellent idea
for unmarried individuals who are cohabiting or if you reside in a state that
doesn’t recognize domestic partnerships or civil unions. This will give your
partner rights that cannot be taken away unless you rescind it.
You
can choose to have both a health care power of attorney and a living will.
Likewise, you can have one without the other. Just a word to the wise, many
advisers would suggest that your health care power attorney be different than
you regular power of attorney. Lastly, you are never too young or too old to
sit down and have these difficult discussions and initiate a living will or
health care power of attorney. This will help your love ones down the road
during an extremely emotional time. Remember, an ounce of prevention is worth a
pound of care.
