Illness is an experience we have all faced, whether it is a common flu or a more chronic condition. It can make us feel vulnerable and helpless. While we cannot always avoid getting sick, we can take steps to mitigate the impact of illness by expressing our wishes ahead of time.
One way to do this is by creating an Advance Health Care Directive. This legal document outlines your instructions for what medical providers should do in certain circumstances, such as refraining from performing CPR or other life-saving measures or avoiding procedures that only prolong life without any hope of recovery. Medical institutions are legally required to follow your wishes, or they may face legal consequences.
A recent case in Louisiana highlights the importance of having an Advance Health Care Directive. Doris Lee had created such a directive, instructing her nursing home to refrain from performing CPR or other life-saving measures. However, when she was found unresponsive, the nursing home called 911, and paramedics performed CPR and other measures against her wishes. Doris passed away, and her daughters sued the nursing home for violating her wishes. The court ruled in favor of the daughters, applying a breach of contract standard instead of the more stringent medical malpractice standard. This case sends a clear message to healthcare providers to follow patients’ instructions or face the consequences.
Another way to ensure your healthcare wishes are carried out is by creating a Durable Power of Attorney for Health Care. This legal document allows you to appoint someone as your “agent” to make medical decisions on your behalf if you cannot do so. Your agent can consent to medical treatment or withhold consent according to your wishes. You can name more than one person as your agent, and they can serve together if desired.
It is crucial to make sure your healthcare wishes are carried out, both during periods of illness and after your death. Consulting with a qualified estate planning attorney can help you create an Advance Health Care Directive and Durable Power of Attorney for Health Care, ensuring your wishes are respected, and your loved ones are protected.
Compliments of the McGee Law Firm, Attorney Brandon McGee
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