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1. What is an Advance Directive?
• A witnessed written document in which a person can indicate their wishes concerning their healthcare.
2. What are some types of Advance Directive documents?
• Designation of Health Care Surrogate (Durable Power of Attorney for Health Care) - enables the person to select an individual to make healthcare decisions on his/her behalf in the event of later incompetence/incapacity. A Living Will - enables a person to indicate his/her choices regarding the use of life prolonging procedures under various circumstances in the event of later incompetence/incapacity.
3. What laws are the Advance Directives based on?
• The federal Patient Self-Determination Act and each state's of Health Care Advance Directive Act.
4. Why is it important for me to complete an Advance Directive?
• You may, at some time, lose the ability to make sound judgment concerning medical treatment for reasons that range from confusion caused by medication to coma following a major accident. The decision process concerning your medical care is made easier if you have made clear what your wishes are and designated someone you trust to speak on your behalf. Once you have discussed your thoughts, this person will be confident that your wishes, including thoughts about life prolonging procedures, will be carried out.
5. Who can complete an Advance Directive?
• Any competent adult (18 years and older).
6. When are they considered valid?
• To be valid, a competent adult must sign in the presence of two (2) qualified adult witnesses who are personally known to you and who are present when you sign your directive. Only one witness can be a family member or relative. The person you designate to speak on your behalf can not be one of the witnesses.
7. Do these documents need to be notarized?
• Generally, not.
8. When do my Advance Directives take effect in a hospital?
• The Designation of Health Care Surrogate takes effect when your physician has deemed that you are unable to make your own decisions relating to healthcare. The Living Will would be enacted only when your attending physician and a consulting physician determine that you are: a. Unable to make your own medical decisions (and unlikely to regain this ability) AND b. Either in a terminal, persistent vegetative state, an end stage condition, or in any other condition that you specified in your Living Will. (Refer to the Advance Directive Instructions for definitions of these conditions)
9. How long are Advance Directives valid?
• These documents will continue indefinitely unless there is an expiration date on the document, or if there are changes made to the document (this will supersede older versions). They are valid as long as you have not rescinded or declared them void.
10. While in the hospital, if I did NOT designate a Health Care Surrogate or have a court appointed guardian, who would be my "legal" decision-maker if I were unable to make medical decisions?
• Health care decisions would be made, depending on state law, by any of the following individuals generally in the following order of priority, if no individual in the prior class is reasonably available, willing or competent to act:
Spouse. Adult children who are reasonably available for consultation (in person or by phone). Parent(s). Sibling(s) who are reasonably available for consultation (in person or by phone). Relative who has exhibited special care and concern for the patient and who has maintained regular contact with the patient and who is familiar with the patient's activities, health, and religious or moral beliefs. Close Personal Friend - to qualify, the friend shall be 18 years of age or older, have exhibited special care and concern for the patient, and signs a Close Personal Friend affidavit stating he or she is a friend of the patient; and is willing and able to become involved in the patient's health care and has maintained regular contact with the patient so as to be familiar with the patient's activities, health, and religious or moral beliefs.
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"We've talked it over as family and we understand each other's wishes for end of life care. I ordered an advance care cd for both my father and myself."
What is Advance Care Planning?
Advance Directives (including living wills, medical powers of attorney, and health care proxies) are legal documents that enable people to give instructions about future medical care and to appoint another person to make health care decisions if they are unable to make these decisions.
Advance Directives are most commonly used to give instructions about if or when life-support treatments should be withheld or withdrawn. However, they can be used to express other wishes as well, such as a request for pain management, a preference to die at home if possible, or preferences regarding organ donation.
Advance care planning involves an understanding of the possible future health care choices you might be faced with; thinking about those choices in light of the things you value; those values that are most important to you. You should talk about your decisions with loved ones and your doctors, writing your concerns and wishes in advance directives so they will be ready and available when needed.
Remember that advance directives, arrived at before there is a health crisis, can always be changed as situations or desires change. Planning ahead for your end of life health care now, while you are able, is a gift to yourself and all those you are concerned about.
Have the conversation
with people you trust.
Zapotel
501 N. Orlando Ave., Suite 313-347 Winter park , FL 32789
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