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Long Term Care Resources |
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Advance DirectivesYou have a right to make decisions about the health care you get now and in the future. An advance directive is a written statement about how you want medical decisions made when you can no longer make them. Federal law requires that you be told of your right to make an advance directive when you are admitted to a health care facility. For example, Illinois has these types of advance directives:
Consult with a professional to learn what is available in your state. I have an excellent state-by-state resource listed at the end of this page. A word of caution: I have seen some tragic occurrences involving the "belief" of having the power-of-attorney to make life changing decisions, when you they did not have this authority. The power-of-attorney (POA) can come in two forms: POA for Health Care and POA for Finances - two very distinct and separate documents. Having one has no bearing/standing upon the other. These POA forms can be combined into a single document, consult your attorney! A person designates, in writing, whom they want as their POA. The document may further describe in great detail what duties & powers may/may not assigned; the document may have an expiration date as well. The point is make sure you understand what documents you have in place or need to obtain to ensure you personal healthcare wishes are adhered to. Health Care Power of Attorney The health care power of attorney lets you choose someone to make health care decisions for you if you cannot. You are called the "principal" in the power of attorney form and the person you choose is called your "agent". You can use a standard form or write your own. You may give your agent specific directions about the health care you do or do not want. The agent you choose cannot be your doctor or other health care provider. You should have someone who is not your agent witness your power of attorney. You can cancel your power of attorney by telling someone or by canceling it in writing. You can name a backup agent to act if the first one cannot or will not take action. If you want to change your power of attorney, you must do so in writing. Living Will A living will lets you tell your doctor if you want death-delaying procedures used if you have a terminal condition and are unable to state your wishes. Withdrawal of food and water cannot be done if it would be the only cause of death. If you are pregnant and doctors feel you could have a live birth, your living will cannot go into effect. You can use a standard living will form or write your own. You may write specific directions about the death-delaying procedures you do or do not want. The living will must be witnessed by two (2) people. Your doctor cannot be a witness. You must tell your doctor about the existence of a living will. You can cancel your living will by telling someone or by canceling it in writing. If you have both a health care power of attorney and a living will, the agent you name in the power of attorney will make your health care decisions unless he or she is unavailable. Mental Health Treatment Preference A mental health treatment preference declaration lets you say if you want to receive electroconvulsive treatment (ECT) or psychotropic medicine when you have a mental illness. You also can say whether you wish to be admitted to a mental health facility for up to 17 days of treatment. You can write your wishes or choose someone to make mental health decisions for you. In a mental health treatment declaration, you may choose someone to make decisions about mental health if you are incapable. In the declaration, you are called the "principal" and the person you choose is called an "attorney-in-fact". The attorney-in-fact must do what you say in your declaration unless a court orders differently or an emergency threatens your life or health. Your mental health treatment declaration expires in three (3) years. If you are competent, you may cancel your declaration in writing at an earlier time. If you are in mental health treatment, the declaration may last longer than three years and you may not cancel it. Two (2) witnesses must sign the declaration. Your doctor may not be a witness. Do-Not-Resuscitate Order ( DNR ) You may ask your doctor about a do-not-resuscitate order (DNR order). A DNR order means that cardiopulmonary resuscitation (CPR) will not be started if your heart stops. You and your doctor may decide together that your doctor should not write a DNR order into your medical chart. If you have an accident, such as choking on food, the DNR order allows health care workers to give you the Heimlich maneuver or take other appropriate action. What Happens If I Don't Have An Advance Directive? A health care surrogate may be chosen for you if you cannot make health care decisions and do not have an advance directive. This health care surrogate will be one of the following persons: The order may vary from state to state - check with you attorney or public health department. In Order of Priority - Illinois (Other State's Order May Differ)
Guardian Of The Person The surrogate can make all health care decisions for you, with these exceptions: A health care surrogate cannot tell your doctor to withdraw or withhold life-sustaining treatment unless you have a "qualifying condition", which is a terminal condition, permanent unconsciousness, or an incurable or irreversible condition. Two ( 2 ) doctors must certify that you cannot make decisions and have a qualifying condition in order to withdraw or withhold life-sustaining treatment. A health care surrogate cannot make decisions concerning mental health treatment, including treatment by electroconvulsive therapy ( ECT ), psychotropic medication, or admission to a mental health facility. A health care surrogate can petition a court to allow these mental health services. Final Notes You should talk to your family, your physician, or any agent or attorney-in-fact that you appoint about your decision to make an advance directive. If they know what health care you want, they will find it easier to follow your wishes. If you change your mind and cancel your advance directive, tell your family, your doctor, or any agent or attorney-in-fact you appoint. No facility, doctor, or insurer can make you execute an advance directive. It is entirely your decision. If the facility, doctor, or insurer objects to following your advance directive, they must tell you and offer you assistance in finding alternative care. Credits This new statement of Illinois Law on Advance Directives is a collaborative product of a work group co-sponsored by the Illinois Department of Public Health and the DePaul College of Law. Excellent Resource: Partnership For Caring |
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