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Living Wills Defined
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Health Care Power of Attorney
An agent of the living will to make health care decisions for you if
you are unable to do so. The HCPOA is more flexible than a Living
Will and can cover any health care decision, even if you are not
terminally ill or permanently unconscious. A HCPOA can apply in
cases of temporary unconsciousness or in case of diseases like
Alzheimer's that affect decision-making. Like a Living Will, HCPOA's
often allow you to state your wishes about certain medical
procedures. Also as with the Living Will, a HCPOA generally only
goes into effect when you are no longer able to make your own health
care decisions.
Advance Health Care Directive
An Advance Health Care Directive combines the features of a Living
Will and a Health Care Power of Attorney along with some other
options. Some states have a specific advance directive form.
Choosing an Agent
Choosing an Agent for your Advance Directive could be one of the
most important decisions you ever make. Unless you state otherwise
in your directive, your Agent generally has the same authority to
make decisions about your health care as you would. Since this
person will be acting on your behalf if you become unconscious or
unable to make health care decisions, this should obviously be
someone you know and trust thoroughly. Your Agent should also know
you very well--well enough to be able to make the same kinds of
decisions you would. And he or she should be someone who cares
deeply about your welfare. People often choose their spouse or other
close family member to be their Agent.
You can limit your Agent's authority if you choose to do so. For
example, you could specify that your Agent will not have authority
to override your desire not to be put on life support equipment.
You should make sure the person you choose is willing to be your
Agent. Discuss your wishes and values with him or her in advance so
he or she can make the right decisions for you. Your Agent should be
an adult and cannot be your health care provider (unless that person
is a family member). It is also a good idea to designate an
alternate Agent in case your Agent is not able to act as your Agent
for any reason.
Finalizing the Directive
Once you've completed an advance directive, there are a few final
steps you should take to make it effective:
Discuss your advance directive with your doctor before you sign
it. Make sure you are both comfortable with what it says. He or
she may suggest something you hadn't thought of that you might
decide to include.
Comply with your state's signature and witness requirements.
States have various requirements about who can be a witness, how
many witnesses are needed, and if the directive must be
notarized.
Provide copies of the signed directive to: 1) your doctor and
hospital; 2) your Agent if one is named; 3) family members and;
4) other significant people in your life.
Organ Donation
Have you considered donating your organs after death for
transplantation or research? Unfortunately, many people fail to
consider this question before they die and members of their family
are left to make the decision for them. Since organ demand far
exceeds supply, there are federal and state laws designed to
increase donations. For instance, many states require hospitals to
ask if patients have completed or would like to complete a donor
form.
Organ
donations are often referred to as "anatomical gifts." All fifty
states have passed some version of the Uniform Anatomical Gift Act.
This act allows a person to make a gift of organs and tissues during
his or her lifetime with the gift to take effect upon death. Family
members may also donate organs and tissues of a deceased relative if
there is no indication the deceased was opposed to such a donation.
Therefore, it is important to document your wishes concerning organ
donation.
Documenting your Donation
You can express your desire to be an organ donor in a variety of
documents. This may be a donor card you carry with you, an
indication on your driver's license, or another document. Methods
vary from state to state. Some states require completion of a
specific form. To find out the best way to make your wishes known in
your state, contact a local hospital, your health care provider, or
your state's organ procurement organization. If you have specific
questions about your state's requirements, you may want to contact a
lawyer.
Many
states make it easy to indicate your donor status by including this
with your driver's license application/renewal. If you elect to be a
donor, the information may be printed right on your driver's
license.
Organ donations can also be indicated in a will and in advance
directives. Indicating your desire to donate organs only in a will
is not recommended, though. Such instructions might not be noticed
in time to allow organs or tissues to be donated.
Regardless of your state's requirements, it's important that your
family and loved ones know of your desire to donate your organs.
Planning for such a possibility in advance and making your decision
known increases the likelihood of your wishes being followed upon
your death.
It's also a good idea to provide a copy of your organ donor
documentation to your health care provider and hospital to be kept
with your medical records.
Use of Organs
The Uniform Anatomical Gift Act allows for organs, tissues, or parts
to be used for transplantation, therapy, research, and medical
education. Organs and tissues can't always be used for all purposes,
though. Some organs or tissues may not be used if it would interfere
with an autopsy or another investigation. Also, if a donor suffers
from particular diseases or dies under certain circumstances, his
organs and tissues may not be suitable. Make sure (1) that they can
accept the donation and (2) that you take the necessary steps for a
successful donation. They should be able to help you document your
donation properly.
If you don't specify a recipient or if the recipient you specify
cannot accept the donation, the law generally provides that the
donation can be transferred to an appropriate person or institution.
There is a national system to allocate organs to individuals who
need them for transplantation. Factors such as urgency of need,
closeness of biological match, and geographic proximity help
determine who gets the organs.
Donations by Others
Family members can generally decide to donate the organs of a
deceased relative if there is no indication the deceased was opposed
to such a donation. This decision usually falls first to the
deceased's spouse, then to adult children, parents, adult siblings,
and guardian. Some states give an attorney in fact under a health
care power of attorney document authority to make organ donation
decisions also. It is common for health care providers to ask family
members for consent before removing organs, even if the deceased had
completed a donor form.
You should discuss your wishes with your family and carry any
completed organ donation form in your wallet or purse. Doing so may
make your family's decision easier at a painful time and will
increase the likelihood that family members will honor your wishes
upon your death.
Medical Procedures
Nearly all states legally define death as either the irreversible
stopping of all functions of the entire brain (brain death) or the
irreversible stopping of circulatory and respiratory functions.
Trauma to the head, bleeding into the brain, and lack of oxygen to
the brain are some of the causes of brain death.
Organs such as the heart, lungs, and pancreas can be used for
transplantation only if they are removed from a person whose body is
maintained on life support systems after they are declared brain
dead. The artificial life support is necessary to maintain an
adequate blood supply to the organs so they are suitable for
transplantation.
Most people don't suffer brain death and therefore their organs,
such as their heart and lungs, cannot be used for transplants.
However, some of their organs, tissues, or parts may still be
useful. Such tissues as the cornea, bone, and skin don't need to
come from a person whose body is artificially maintained on life
support. However, all organs or tissues must be removed within a
relatively short time after death.
Organs are removed after death in a way that minimizes visible signs
of the removal. Unless other arrangements have been made, the body
of a donor is typically available for funeral and burial
arrangements after organs and tissues are removed.
Medical Screening
Donated organs and tissues are screened for infectious diseases such
as hepatitis and HIV/AIDS. If an HIV test is positive, the deceased
donor's family could possibly be informed of the results.
It is a crime in some states to try to donate organs or tissues if
you know you are HIV positive and that the virus may be transmitted
by a donation. If an HIV positive individual wants to donate organs
or tissues for purposes such as research and education, specific
arrangements should be made for such a donation with a medical
research or educational facility.
Minors as Donors
Some states allow a minor to complete an organ donation form. The
signature of a parent or guardian is usually required.
Even in states where state law does not provide that minors can
donate organs and tissues, minors are encouraged to complete an
organ donation form if they have opinion about the donation of their
organs. A completed form indicates the wishes of a minor and may
assist a parent or legal guardian in making a donation decision at a
later time.
Revoking your Decision
Organ donation documents may generally be revoked in any of the
following ways:
A signed statement or document indicating revocation.
An oral statement made in the presence of two people.
Any communication to a physician during a terminal illness or
injury.
Delivery of a signed revocation to a designated recipient.
If a previous donation is contained in a will, you may revoke the
donation by amending the will. The four options above can also
revoke a donation made in a will.
It is important that anyone who had previously received a copy your
donation form or who knew of your plans to donate organs be notified
that your wishes have changed.
Here are some ways to make sure your
revocation is honored:
If you have a copy of the now-revoked donor form, destroy it.
If you previously had sent copies of the now-revoked donor form
to other parties, such as a designated recipient, send them a
copy of the revocation and any new forms.
Communicate your revocations and your current wishes concerning
organ donation to your family. Family members frequently are
involved in organ donation decisions, so is important that they
are aware of the existence of completed donor forms and of your
wishes.
If you want to revoke or amend a donation made on your driver's
license, you should follow the instructions provided at the time of
the donation. If you have any doubts about the status of a driver's
license donation, contact the state officials responsible for the
administration of drivers' licenses or donor forms. At a minimum,
carry any revocation documents with the license or identification
card so that the revocation will be found.
Refusing to Donate Organs
You have the right to refuse to donate your organs. The Uniform
Anatomical Gift Act allows you to document a refusal to donate
organs. Even states that don't expressly address "refusal to donate"
documents state that a person's wishes NOT to be an organ donor are
to be honored at the time of his or her death.
If you don't want to be an organ donor for any reason, you should
document your refusal to donate. A documented refusal may help your
family members make a donation decision that is consistent with your
wishes. If you have specific questions about refusing to be an organ
donor, you should contact a lawyer.
Author’s note:
The intent of this information provided by
termlifeamerica.com
is to inform and motivate the general public into action. One should
consider only a qualified practicing legal individual or entity, in
the state in which you reside, when making decisions on Living
Wills.
Related:
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