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LAW NOTES
Have you
ever considered what could happen if you suddenly became incapable of making
your own health care decisions? This article will provide some basic
information about this concern.
A living
will is a document that gives instructions to your physician and other health
care providers as to when you want life sustaining treatment to be provided,
withheld, or withdrawn.
A durable power of
attorney for health care is a document in which you appoint another person to
make health care decisions for you if you become incapable of making them
yourself.
In most
circumstances, a durable power of attorney for health care is a better option
than a living will. For example, a durable power of attorney for health care
can include the same statement of your wishes on the subject of life sustaining
treatment as a living will, but is far more comprehensive and flexible than a
living will. A living will comes into effect only if you are diagnosed as
terminally ill or permanently unconscious. A living will does not address the
many other health care decisions that must be made should you become
incapacitated (e.g. approve medical treatment for an Alzheimer’s patient who is
not terminally ill). A durable power of attorney for health care, on the other
hand, can authorize your agent to make all health care decisions when you are
incapacitated. In other words, it can do everything that a living will can do
and more.
Although
there is no law preventing you from using power of attorney or living will forms
you may have obtained somewhere, these documents are not simple forms and should
be specially drafted to meet your particular needs. You should talk with your
lawyer or legal services office about these documents.
You can
execute a durable power of attorney for health care or a living will only when
you are still capable of making decisions for yourself. Once you become
incompetent or incapacitated, it is too late. Therefore, if you are interested
in having one of these documents you should see your lawyer or legal services
office immediately.
NOTE:
Dakota Plains Legal Services is providing this information in partnership with
this newspaper as a public service. This article is not intended as legal
advice. Always talk to a lawyer before taking any legal action.
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