noblood - View Single Post - Living Will

Jan B. Wade · #4 (**permalink**) 07-20-2004, 08:22 PM

Here's a little information on the difference between Living Wills and Healthcare Proxy's

Advance directives / Living wills

An advance directive is a legal document that allows you to spell out instructions for your health care in the event that you are later unable to express your wishes because of serious illness or injury. There are two types of advance directives: living wills and health care proxies.

Living wills vs. health care proxies

In a living will, you outline the type of care you want (or don’t want) should you become too ill to make your wishes known. For example, you can state whether or not you want to be kept alive using life support.

With a health care proxy (also known as a durable health care power of attorney), you grant permission to a specific family member or friend to make health care decisions for you if you are unable to do so.

What exactly is a health care proxy and when would it be used?
Why should I consider having a health care proxy?
What is an agent?
Who should be my agent?
What should I discuss with my agent?
What should I discuss with my doctor?
How do I change or revoke my health care proxy?

What exactly is a health care proxy and when would it be used?
The proxy is a simple legal document that allows you to name someone you know and trust (your "agent") to make health care decisions for you if, for any reason and at any time, you become unable to make or communicate those decisions. Your agent cannot act until your doctor determines, in writing, that you lack the ability to make health care decisions.Why should I consider having a health care proxy?
A proxy gives you peace of mind that your health care choices will be respected and followed if you are unable to communicate your wishes (if you are in a coma, for example). The proxy is a legal document protected under our judicial system. It gives the person you name as your agent the legal right to get medical information necessary to make informed decisions for you. Without a proxy, the doctor may ask your family to make decisions based upon what they believe you would want done. If you have no family, or if there is disagreement about what treatment you would want, a court may be asked to appoint a guardian to make those decisions on your behalf, a process that takes time and can be costly.

What is an agent?
Your health care agent is the person you name in your proxy to make medical decisions for you if you are unable to do so yourself. If it ever becomes necessary, your agent will discuss your treatment options with your doctor and, acting according to your expressed wishes and with your authority, can make any health care decisions that you would make, if you could.

Who should be my agent?
You may name anyone you choose: your spouse, a relative, a friend, etc. The only exceptions are administrators, operators and employees of any health care facility (such as a hospital or nursing home) where you are a patient or resident – unless the person is related to you by blood, marriage or adoption. Your agent should be someone you trust to make the same decisions you would make, if you could. You should choose someone who honors your views about extraordinary and life-sustaining medical treatment.

What should I discuss with my agent?
It is important that you discuss your views, as well as your religious and moral beliefs with respect to medical choices and care. Make sure he or she knows what is important to you and can act according to your wishes. Consider your beliefs, your values and what is important to your quality of life. What makes life worth living for you? Living independently? Being physically active or mentally alert? Are there specific conditions under which you would not want to continue tube feeding, mechanical ventilation or other life-sustaining treatment?

What should I discuss with my doctor?
You should talk with your doctor about any important values and preferences you have about medical care. The discussion can be an opportunity to ask questions about specific issues, including withholding or withdrawing life-supportive therapy or initiating a Do Not Resuscitate (DNR) order.

Changing or revoking your health care proxy.
You may change or revoke your proxy at any time by filling out a new proxy form to name a different agent. It is important that you notify FCHP, your agent, doctor and others if you update or revoke your proxy so that the most current information will be on file.

Instructions for completing your health care proxy Note: You do not need a lawyer to complete a health care proxy, and it does not need to be notarized.