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  Public Policy & Activism >Legal Issues > Facing the Future > Decisions about Medical Care

HOW TO CONTROL DECISIONS ABOUT YOUR MEDICAL CARE

 

You have the right to say what kind of medical treatments you want or don't want. However, it is important to think about who you would trust to make medical decisions for you if you can no longer speak for yourself. If you decide to give instructions about your treatment or to name someone who will make decisions for you, you should consider making a "medical directive" (living will) and a "health care proxy." You should write them as soon as possible. If you are in the hospital, ask the hospital staff to provide you with these forms. They are required by law to do so.

Health Care Proxy
A health care proxy is a document you sign naming someone you trust to make decisions about your medical care for you if you no longer can. Hospitals must respect and honor health care proxies. This means that the hospital staff must discuss your medical care with the person you named and that person will be able to make decisions for you. This person can make decisions for you even if you have not made written instructions. There is one exception. You must state clearly that you want food and fluids withheld or the person will not be able to agree to withhold food and fluids.

Your agent, however, should follow your wishes as you have stated them in writing or in person. For this reason, it is best to discuss your wishes about future care with your agent and write those wishes into the proxy, or to sign a medical directive along with the proxy. Medical directives are explained below. You can also give your agent the right to decide who can visit you while you are in the hospital and the power to consent to a "Do-Not-Resuscitate" order, which is discussed below.

When a health care proxy takes effect
Your agent will be able to speak for you only if and when you can't speak for yourself. Only a doctor can decide if you can speak for yourself. At any time you are again able to make your own decisions, a health care proxy is no longer in effect. This does not mean you have to make a new document — only that no one can act as your agent while you can speak for yourself.

How to prepare a Health Care Proxy
A health care proxy is a simple document. An example of a health care proxy is shown below. You can use this form if you want to sign a health care proxy.

You must sign the health care proxy in front of two witnesses. Neither of the witnesses can be the person you have named.

Once you have prepared a Health Care Proxy
Keep the original and give copies to your doctor, your hospital, and the person you choose as your agent.

If you decide to change your proxy, you can write a new one. Be sure to state that it replaces the earlier one, and give copies of the new document to all of the people who have the earlier one, and ask them to tear up the old one.

MAKING A MEDICAL DIRECTIVE OR LIVING WILL

A medical directive, also known as a living will, is a way of giving written instructions about your medical care in the future if there comes a time when you can't speak for yourself. You can say which treatments you want and which you don't want. A medical directive does not stop treatments which take away pain or give you comfort, but rather only stops the specific treatments you have listed. You can also include any other instructions about your medical care. A medical directive is used by your doctor or the hospital only if you become unable to make decisions about your medical care. If you are again able to speak for yourself, the medical directive is no longer in effect.

What kinds of treatment you can refuse
You can refuse any treatment. These treatments include: (a) artificial breathing; (b) treatment if your heart stops beating or you stop breathing; (c) food and water fed by tube; (d) certain tests or operations to find out what is wrong, such as biopsies or spinal taps; (e) antibiotics or other medicines; (f) dialysis; (g) transfusion; or (h) any other treatment.

How to prepare a medical directive
Before making a medical directive, it is important to talk to your doctor about it and to find out as much as you can about your illness, what may happen to you, and what treatments might be used.

A medical directive is not complicated. You do not need a lawyer to fill one out. The groups listed below can provide you with the forms.

Once you have prepared a medical directive
Give the original document to the person you have named in your health care proxy. (Health care proxies are discussed starting on page 21.) If you have not named someone in a health care proxy, put your original medical directive in a place where it is safe and can be found easily. Be sure to tell someone close to you where the directive is and what it is for. Also, give a copy to your private doctor or clinic and one to your hospital.

If you change your mind, you can write a new directive. If you write a new one, be sure to tear up the old one and state in the new version that it replaces the earlier one. Give copies of the new document to all of the people who have the earlier one and tell them to tear up the old one. You can also cancel a medical directive by throwing away your copy and telling your doctor and hospital. If possible, you should also state in writing that your medical directive is no longer good, and give a copy to your doctor.

Signing a Do Not Resuscitate order
Whether or not you write a medical directive, name an agent in a health care proxy, or are receiving treatment at home, you can complete a "Do Not Resuscitate" order (DNR). You should do this if you do not want your doctors to bring back your breathing if it stops, or bring back your heartbeat if it stops. Before you give a DNR to your doctor, he or she should discuss your illness with you, what may happen to you, and what treatments might be used.

You should tell the doctor or nurse treating you that you want a DNR and request a DNR form. You also can tell a doctor, in front of a witness, and the doctor can enter the order that you do not want to be resuscitated in your chart.

You can also put your decision to consent to a DNR in writing. You must date and sign this document in front of at least two witnesses who are at least 18 years of age, and the two witnesses must also sign the document. Give a copy of the DNR to your doctor as soon as you sign it, and keep a copy for yourself.

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