estate planning documents

The Power of Health Care Directives

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At some point in our lives, we’ve all faced the discomfort of illness. It could be as fleeting as the common flu or a more lasting health challenge. In those moments, vulnerability becomes a profound sensation. However, we can lessen this vulnerability by being proactive about our medical preferences with a health care directive.

An Advance Health Care Directive is a document where you can explicitly mention the kind of medical treatment you’d prefer in certain situations. For instance, you can specify if you don’t want to undergo CPR, be put on life support, or undergo procedures that merely prolong life without a realistic hope of recovery. Health care facilities are legally obliged to respect these directives.

Consider the case of Doris Lee. She had an Advance Health Care Directive explicitly mentioning her desire against CPR or similar life-saving procedures. However, when she became unresponsive at the Riverview Care Center in Louisiana, emergency services were called, and they initiated CPR, disregarding her stated wishes. 

Following her passing, Doris’ devastated daughters took legal action against the nursing home for disregarding their mother’s explicit wishes. The facility attempted to defend itself using stringent medical malpractice criteria. However, the Louisiana court sided with the breach of contract standpoint, making it more favorable for Doris’ daughters to win the case.

This landmark case underscores a crucial point for all medical institutions: respect patient directives or be prepared for the repercussions. As patients, this assures us of the potency of our expressed health care directives.

Moreover, securing a Durable Power of Attorney for Health Care can be beneficial. With this, you appoint someone to be your “agent” and make medical decisions on your behalf, should you be incapable. This individual can either consent to or refuse medical procedures for you. You can appoint multiple agents, like your children, to work jointly.

Ensuring that our medical preferences are honored is paramount. Instruments like the Durable Power of Attorney for Health Care and an Advance Health Care Directive ensure that our choices are maintained even when we cannot voice them due to health conditions.

For those seeking to have these safeguards in place, consult with the McGee Law Firm.

Brandon McGee
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