Plan Ahead: Before You Need It, Do It!

Completing your advance health-care directive is easier than you think

By Leeana McNeilley, Help Unlimited | Published on 01.27.2010

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Although the initial conversations with your loved ones may be difficult, your peace of mind will be assured by knowing that you have made your wishes known about end-of-life medical treatment. Putting your wishes in writing and designating a trusted family member or friend to oversee those wishes will protect you if you are ever unable communicate your wishes. Completing an Advance Health-Care Directive is your best way to ensure that decisions related to your medical care will reflect your own wishes if you are unable to voice them. In California, the typical Advance Health-Care Directive contains two important components: health-care directives and a durable power of attorney for health care.

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The health-care directives, which many people still refer to as a “living will,” are instructions that specify your wishes about the medical care you receive should you be unable to communicate your wishes for yourself. These instructions generally center on the circumstances under which you would want life-sustaining treatment continued. However, you can be very creative about expressing what kind of care is important to you through an advance directive.

The durable power of attorney for health care is a document naming a person as your health-care agent — someone who can legally make health-care decisions on your behalf, including the power to consent, refuse consent or withdraw consent to any type of medical care, treatment, service or procedure if a physician determines you cannot make these decisions yourself.

The Advance Health-Care Directive is a legally binding document and provides instruction about your future care and who is take make health-care decisions on your behalf if you are no longer able. It can also provide support for your agent if others challenge or question the decisions your agent is making for you.

Appointing an agent means giving someone you trust implicitly the authority to make medical decisions for you if you are incapacitated. You should designate both a primary agent and a successor agent in the event that the person you name as primary agent is unavailable or unable to act when the time comes. If you designate two people as co-agents (your children, for example) each will have equal authority to make decisions. Consult your attorney to decide how best to handle co-designations.

There are serious considerations when choosing the man or woman who will be your agent under a durable power of attorney for health care:

» Does this person understand that this role will require active participation in decisions regarding your health care and is he or she willing to make those decisions? The law does not force them to act, so you must make sure they are willing to do so.

» Will this person follow your wishes even if they conflict with their own ideas or beliefs? In other words, will this person be able to detach themselves from their emotional needs and carry out your wishes? Discuss in detail, using your advance directives as a guide, exactly how you want health-care decisions handled. The person you choose should be able to make decisions based not only on your written guidance, but on their familiarity with you and your philosophy regarding end-of-life treatments.

» Is this person comfortable taking on this responsibility and will they be able to carry out your wishes even if other friends or family members are uncomfortable or unhappy with the decisions they make?

It is essential that you have honest, open and ongoing discussions with your appointed health-care agent, doctor(s), clergy, family and friends about your wishes concerning medical treatment. Discuss your wishes with them often, especially if your medical condition changes.

Make sure your Advance Health-Care Directive is readily available and that your physicians, your family members and everyone involved in your care has a copy of the document.

Taking the first step to address these issues may be difficult, but following through with your Advance Health-Care Directive will ensure that your end-of-life medical care is carried out consistent with your wishes.

Click here for more information about Help Unlimited, or call 805.962.4646.

— Leeana McNeilley is director of Help Unlimited.

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