Advanced Directives
There are two types of advance directives. A Health Care Power of Attorney is a document in which the patient appoints someone to make decisions about his medical care if he cannot make those decisions. A Living Will is a written document in which a patient's wishes regarding the administration of medical treatment are described if she becomes unable to communicate at the end of life.
Written advance directives are legal in every state. However, laws of each state can vary widely.
Common myths about advance directives
MYTH 1: There is only one type of power of attorney. Many patients (and their families) believe that if they have power of attorney for financial matters, they also have power of attorney for health care. These are typically separate legal documents, but sometimes are combined into one comprehensive document prepared by an attorney.
MYTH 2: Once a person names a proxy in an advance directive they lose control of their own care. Actually, as long as a person retains decision making capacity he or she retains control of their medical destiny.
MYTH 3: It is not appropriate to begin advance directive planning on an outpatient basis. Many studies have shown that patients want their doctors to discuss advance care planning with them before they become ill. Many others have shown a positive response from patients when advance directive discussions are held during outpatient visits.
MYTH 4: An advance directive means “don't treat.” Too often advance directives are triggers for disengagement by the medical staff. Advance directives do not say “don't treat me.” They say, “treat me the way I want to be treated.”
MYTH 5: Doctors and other health care providers are not legally obligated to follow advance directives. Doctors and other health care providers are obligated to follow advance directives. However, they often do not. A recent study showed that only half of all physicians even knew what their patients wanted at the end of life.
MYTH 6: Advance directives are legal tools for old people. The stakes may actually be higher for younger people if tragedy strikes. Three prominent legal battles, involving patients Nancy Cruzan, Karen Ann Quinlan and Terry Schiavo, underscore how important it is to have the proper planning in place. In most states, someone need only be age 18 in order to sign an advance directive.
MYTH 7: The doctor can be the named agent in a durable power of attorney for health care document. Actually, in most states no member of the health care team can be the agent named by the patient in a durable power of attorney for health care document.
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