Advanced Directives are formal documents that let your loved one express how and by whom his or her health care decisions will be carried out. These documents ensure the patient's rights to decide when or whether they wish to have aggressive measures taken to prolong their lives. These directives can be revoked at any time provided you make certain all pertinent people are advised. Once your Advanced Directives are complete copies should be given to your family members and your physician. If you get admitted into a health Care facility make sure the admitting office has a copy also.
Advanced Directives serve as a guideline as to the "quality of life" that one wants to have. When you take the time to plan for these very, very difficult situations in advance, you can make certain your loved one's wishes will be carried out should they be unable to communicate.
When you enter a hospital or a nursing home, you, your guardian, or you Durable Power of Attorney have the right to make your medical decisions, including the right to accept or refuse treatment. You also have the right to put your wishes down on paper so everyone is informed of your preferences.
A Living Will gives you the opportunity to state your wishes about whether or not you want life-sustaining measures and if so, when they should stop. A living will works in conjunction with a Durable Power of Attorney. It allows the person of your choice to carry out your wishes for your life and death decisions. It is very important to have a Living Will and a Durable Power of Attorney.
A Durable Power of Attorney is a written document by which you (the "principal") authorize someone (your "attorney-m-fact' or your "agent") to make vital healthcare or financial decisions on your behalf if an illness or disability prevents you from communicating your wishes. A Durable Power of Attorney remains in effect even if you become mentally incapacitated.
A General Power of Attorney grants your agent the right to take care of certain financial and property matters on your behalf. It may cease to be valid if the patient becomes mentally ;incapacitated.
A Durable Power of Attorney for Healthcare gives your agent the opportunity to actively )participate in any discussions about your treatment procedures and can help make these decisions based on your previously expressed wishes. You probably will not be able to anticipate every possible circumstance, but a detailed set of instructions will certainly help your agent follow your wishes.
Guardianship: Anyone wishing to obtain guardianship must go in front of a judge and ask that the individual be declared legally incapacitated and ask that the legal responsibility for that Individual's person and/or property be awarded to him/her.
A guardianship will only be appointed by the judge if:
· The person lacks sufficient understanding or capacity to make or communicate responsible decisions concerning him or herself, including decisions regarding food, clothing, shelter or health; and