KNOW YOUR RIGHTS #4

Who will tell my doctor my health care choices when I’m too sick to do it?

 

Esther Brown, 82, was in a bad car accident.  She was on her way home from a social night at the Grange, when a truck hit her. At the hospital, Esther was in a coma and hooked up to all kinds of machines. After a week, the doctor told Esther’s daughter, Ann, he didn’t think her mother would get better. He asked whether she wanted to keep Esther hooked up to the machines. Ann had no idea what to do.

Your Right to Decide Your Care in Advance

Does your doctor or family know what kind of care you want if you get too sick to decide or talk? You always have the legal right to make your own choices about your care. You can decide ahead of time. But, you should put your choices in writing. This is called an "Advance Directive." It’s not hard to do, and it will give you and your loved ones peace of mind.

Writing an Advance Directive is like giving your family a gift. If they ever have to make health care decisions, they will know what you want. It also will help them to make sure your wishes are honored.

If you haven’t made your wishes clear, your doctor will ask your family. Family members may disagree about what they think you would want. If your family can’t agree, they may have to go to court. This just makes a hard situation worse.

What is an Advance Directive?

Advance Directive is a general term for instructions about your future medical care. There are two types of advance directives:

1. A Living Will

2. A Health Care Power of Attorney

1. A Living Will is a legal document you can use to tell your doctors what kind of care you want if you are in a coma or near death. You can use a Living Will to say whether you want to be hooked up to machines to keep you alive or not. A Living Will also gives other choices, such as whether or not you want all types of painkillers or to get CPR.

2. A Health Care Power of Attorney is a legal document you can use to name someone, such as a relative or friend, to make medical decisions for you when you can’t.

You may want to fill out a document that is BOTH a living will and a health care power of attorney. This can be most helpful to your caregivers and family.

Steps to Write an Advance Directive

Step 1: 

Get a free form. Most health care facilities have free forms that you can use for making an advance directive. Legal Services also has copies of an advance directive form we can send you. If you’d like us to send you one, give us a call.

Step 2: 

Talk to your doctor. Ask your doctor about your health and what might happen to you. Take the form with you to the visit to help you think about the choices you have.

Some people also use a "values history" to help them think about their choices. A values history is a form that asks you a series of questions to help you decide what you would want in different situations. If you’d like us to send you a free values history form, just call.

Step 3: 

Fill out the form, sign, and have 2 others sign as witnesses. You don’t have to go to a lawyer to make an advance directive, unless you want to. You don’t have to get it notarized, but it’s a good idea to do so if you can.

Step 4: 

Make copies and give one to each of your doctors. Ask your doctor to include it in your medical record. If you had a lawyer help you with the form, give a copy to her. Also give a copy to the person you have named to make health care decisions for you. It’s a good idea to keep the original yourself and give other copies to your family.

Step 5: 

Keep on talking about what you want. 
Writing an Advance Directive is just the start of an on-going process. Look at your Advance Directive every five years or if you have a new health situation to make sure it’s still okay. Talk with your family, your doctor and anyone else who is involved in your care about what you want. Make sure they agree to do what you want. It’s not easy to think about or talk about these things, but unless others know what you want, you may get care you don’t want. Or, your family could end up in court fighting about your care.