An Excerpt from "A Guide to Living Wills and Health Care Proxies"

Most people value their ability and freedom to make choices. They want to choose everything from what kind of cereal they eat for breakfast to what kind of car, if any, they drive. And people most definitely want a say in the more important of life’s decisions — including what kind of medical treatment they receive. But what if you’re unable to make your decisions or wishes known? Say, for example, you are temporarily unconscious and can’t speak or hear. Unless you have talked to your loved ones and taken certain legal actions, there may be confusion and stress over what those decisions will be and who can make them for you.

Without a living will or a health care proxy — documents known as advance care directives — choices may be left up to a doctor or someone appointed by a judge — a person who may not know your values, beliefs, or preferences. Or, a family member who doesn’t know about your wishes may make decisions for you. For example, suppose a woman is unable to communicate because of a brain tumor and her only living relative is a brother with whom she hasn’t spoken in 10 years. She and her best friend have talked frankly about her desire not to be put on life support or fed intravenously. Legally, her brother would get to make such decisions, although clearly he’s not the person most familiar with her desires. But if that woman had taken the simple steps to legally name her friend as her health care agent, she would have lived her last days as she wanted.

You may be thinking, “Those things won’t happen to me.” And with luck they won’t. You can hope your health will be sound for the rest of your life, and take precautions to hedge that risk, but there are no guarantees. So take the time to learn about and complete the necessary forms. And the sooner the better. Even if you’re in perfect health, you never know when life may throw a medical crisis your way. That’s why everyone over the age of 18 should have a living will or health care proxy.

Advance care directives allow you to choose someone to make health care decisions for you if you are unable to do so, and let you specify what kinds of treatment you’d like in different circumstances. Some people worry that by filling out these documents, they’re giving up control over their medical treatment. But in many ways, advance care directives actually help you assert control over your health care. As long as you are able to make and communicate your decisions, your word supersedes anything you’ve written or said to others. It’s only when you’re unconscious or too ill to make your wishes known that any type of advance care directive goes into effect. If your medical condition improves and you can once again make and express your decisions, your oral statements once again take precedence.

Although advance care directives are important forms to fill out, they’re not difficult to understand, and you don’t need a lawyer’s help. This report will explain the process, give you tips on talking about this difficult subject, and provide you with most of the forms you need. Keep in mind, though, that forms may vary from state to state. In those cases, we provide you with information on how to obtain the right document.

 

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