Advance Directives and POAs: How To Ensure Your Healthcare Wishes Are Honored
April 16th was National Healthcare Decisions Day — a day set aside to focus on advance care planning and making sure your healthcare choices are known.
Advance care planning includes having conversations with your loved ones, as well as taking care of some paperwork, including completing an advance directive and appointing a healthcare power of attorney (POA). These actions help you prepare for future medical decisions should you become seriously ill or be unable to communicate your care preferences.
When you have a carefully considered plan in place, you’re more likely to get the care you want when you need it. So consider this your invitation to learn more about advance directives and POAs to ensure you are prepared.
What Is an Advance Directive?
An advance directive (sometimes known as a living will) is a legal document that specifies your healthcare preferences in the event you become unable to communicate your wishes or make decisions for yourself. This document outlines your medical care instructions in detail, and can be tailored to specific situations.
For example, your advance directive provisions could include items like:
- “I do not want to be kept alive by artificial means, such as a ventilator or feeding tube, if I have a terminal illness and there is no reasonable expectation of recovery.”
- “I want to receive all necessary medical treatments to prolong my life, unless I am in a persistent vegetative state and have no hope of regaining consciousness.”
- “I do not want to be resuscitated if my heart stops or I stop breathing.”
- “I want to be resuscitated only if there is a reasonable chance of survival with a good quality of life.”
- “I do not want to be intubated or placed on a ventilator.”
- “I want to receive pain medication and other comfort measures, even if they shorten my life.”
- “If possible, I want to donate my organs after my death.”
These are only examples — the wording and provisions in an advance directive will vary depending on your individual circumstances and the laws of your state.
What Is a Healthcare Power of Attorney?
A healthcare power of attorney (POA), is also known as a “durable power of attorney,” and may have a different name depending on the state you live in. It is a legal document that allows you to appoint someone as your healthcare “proxy.” Your healthcare proxy is someone who can make healthcare decisions for you if you aren’t able to communicate your wishes or make decisions yourself.
This is another option to ensure your medical treatment preferences are respected, even if you aren’t able to communicate them. A POA can be used either in addition to or instead of an advance directive.
The person you choose as your healthcare proxy should be someone you trust who is familiar with your personal values and wishes. They will be able to make decisions for your medical care, including:
- Consenting to or refusing medical treatments
- Choosing healthcare providers and facilities
- Authorizing pain relief
- Accessing your medical records
- Authorizing life-sustaining care, such as a feeding tube or ventilator
Note that a healthcare POA is different and separate from a standard POA. Where a standard POA is generally focused on financial and legal matters, a healthcare POA is focused on medical decisions. These documents are separated because medical decisions are highly personal and require a specific legal framework that differs from that for a standard POA.
Additional Considerations for Advance Directives and POAs
Without an advance directive or POA, the state laws where you live will determine who can make medical decisions on your behalf (typically a spouse, parents, or adult children).
It’s important to note that advance directives and POAs are not only for the elderly or those who are already ill. A medical crisis can happen at any age and leave you unable to communicate your healthcare wishes. It’s important to make a plan now to ensure you get the medical care you want when you need it, and that someone you trust will be there to make decisions for you if you are unable to do so yourself.
A few other things to keep in mind when completing your advance directive and/or POA:
- You must be mentally competent to complete these documents.
- Consult with a healthcare professional and/or an attorney to ensure your advance directive and healthcare POA are legally valid and will result in your desired outcomes.
- Discuss your wishes with the person you choose as your healthcare proxy for your POA to ensure they understand your medical care preferences.
- Store both documents in a safe, but easily accessible, location.
- Distribute copies of your advance directive to your healthcare providers, family members, and close friends.
- Make sure your healthcare providers, attorney, and your chosen healthcare proxy have copies of your POA.
- Review your advanced directive and healthcare POA once per year and/or when a major life event occurs, such as retirement, moving to a different state, or significant changes to your health.
Questions regarding these documents? Reach out to your doctor or attorney to discuss any medical or legal questions you have.
This National Healthcare Decisions Day, the team at MCHC encourages you to fill out your advance directive and/or create a healthcare POA to ensure your healthcare wishes are honored.