For many years people were not allowed to make decisions about death with dignity. Today new laws allow individuals to have a say in how they want to live their last day. Each state has adopted natural death guidelines and declarations that give direction to people about how to legally tell others their desire concerning end of life issues. These documents ensure the individual the right to accept or refuse medical care. In the United States every person is encouraged to prepare this document called an advanced directive. Advanced directives help ensure the right to accept or refuse medical care. Each state has a slightly different laws that govern the interpretation of these documents. The advance directive is a written form providing a way for people to to express how they want medical decisions made if they are unable to make decisions for themselves. Three common forms of advance directives are a living will, a health care power of attorney, and a durable power of attorney for health care.
Living Will - The living will provides a way for a person to express her or his desire for or against extraordinary measures that could prolong life. A living will takes effect while a person is still alive. Legal assistance may be necessary to ensure that it is interpreted in the way it was intended.
Health Care Power of Attorney - A health care power of attorney allows an authorized person to make health care decisions for an individual if he or she is unable to do so. The HCPOA is more flexible than a living will and can cover any health care decisions. A HCPOA can apply in cases of temporary unconsciousness or in case of diseases like Alzheimer’s that affect decision making.
Durable Power of Attorney for Health Care – In many states, a durable power of attorney for health care is a signed, dated, and witnessed paper naming an authorized person to made medical decisions for the individual if he or she is unable to make them. This document also includes instructions about treatments to avoid.
It is important to remember that even with a written charge, a patient’s wishes stated directly to to the doctor generally carry more weight than a living will, health care power of attorney, or durable power of attorney, as long as the patient can decide and communicate his or her wishes.
