Advanced Directives – What if You Were Too Ill to Express Your Wishes?
By: Robert H. Gillespie, LMSW, Social Worker
It seems the medical world has a never-ending supply of jargon. Unless one works in a medical setting, understanding the meaning of these words can be confusing. One such term is “advanced directives.” Yes, I know it sounds like something from Star Trek, but actually advanced directives are simple and useful documents everyone over the age of 18 should have. Advanced directives are two documents: a living will and a power of attorney for healthcare.
A living will (LW) is completely different from a more commonly known financial will, which is best completed with the assistance of a lawyer. A living will is a written document that outlines a person’s desires regarding medical treatment when the person is no longer able to express them. In a living will, an individual is able to speak directly to the healthcare provider and/or family members/durable power of attorney designee through a document. A lawyer does not need to assist with completion of a Living Will (LW). The document can be amended or revoked at any point in a person’s life. How is this useful? In many cases individuals use the LW to outline the type of end-of-life care desired. As you can imagine, when one’s life is ending, it is a stressful time. By using the living will, an individual can clearly state if he/she wants to be placed on life support, wants IV hydration, tube feedings, and other care measures. While not necessarily binding, this document gives doctors and family an idea of how the individual wants to live the last days of his/her life without the individual actually speaking the words to the caregivers.
A durable power of attorney for healthcare (DPAH) is the second document associated with the advanced directives. The DPAH allows you to name a person you trust to make decisions about your medical treatment if you are unable to do so.
Although many people allow family members to make decisions for them at the end of life, sometimes family members are not available or willing to make those decisions. In such cases, an individual can elect a person to make decisions for him/her in case that individual is unable to make his/her own decisions themselves.
Legally, most states follow the line of family succession with closest relatives being legally responsible to make decisions for a person. However, the DPAH allows individuals to legally declare who they wish to make decisions for them. The DPAH could be a relative or it could be a friend, neighbor, or whomever a person chooses. In most cases, doctors will look to the DPAH, if proper documentation is in the medical record, to make decisions instead of the usual line of succession. As with the living will, a lawyer is not needed in order to complete a DPAH. Also, the person elected DPAH is only valid if the patient is unable to make decisions. Most people think that a DPAH is needed only at the end of life, but there are many occasions where potential patients may need someone to speak for them, such as having general anesthesia for surgery.
Fortunately, Georgia has a strong advanced directive law and precedence supporting advanced directives. There are many places one can go to complete these forms and seeking legal advice from a lawyer is never discouraged, but HoG supplies an easy advanced directives form called “Five Wishes.” “Five Wishes” contains a legal living will and power of attorney for healthcare. Should you or anyone you know want to complete this form please contact your HoG social worker; we will be happy to assist you in the process. Read more about Five Wishes here: https://www.hog.org/publications/detail/five-wishes.