MEDICAL ADVANCE DIRECTIVES

Even though no one wants to imagine themselves incapacitated by trauma or disease, it happens to people every day. Medical advance directives are legal documents that outline the details of your advance healthcare planning.

There are a few types of medical advance directives. A durable power of attorney names a person to act as your health care proxy or surrogate who can make medical decisions and follow those outlined in your living will if you are incapacitated. A living will inform medical professionals when and when not to use certain interventions such as intubation, CPR, and IV nutrition. A living will only pertains to saving a life, but a power of attorney can make any decision.

WHAT HAPPENS WITHOUT MEDICAL ADVANCE DIRECTIVES:

Without an advance directive, the state relies on a legal hierarchy of next of kin. Legal guardians make decisions for minors and adults with a conservatorship. The legal hierarchy presents major problems for others. Sometimes people remain legally married  to someone who no longer represents their best interests. At other times, your next of kin does not share the same values and would not make the right choices for you.

ITEMS TO INCLUDE IN A LIVING WILL:

  • Pain relief (analgesia)

  • Antibiotics

  • Intravenous hydration

  • Artificial feeding (feeding tube)

  • Cardiopulmonary resuscitation

  • Ventilators

  • Do Not Resuscitate orders (DNR) 

ITEMS TO DISCUSS WITH YOUR HEALTH CARE PROXY OR SURROGATE:

With this in mind, you want to choose someone you trust and who shares your values. You also want to make your desires clear to that person so they can carry out your wishes. For example, let them know if you strongly oppose donating organs, having a blood transfusion,or certain hospital visitors.

CREATING ADVANCE DIRECTIVES: 

As advance directives are legal documents, lawyers are most effective at writing and reviewing them to reflect your wishes and hold up in court. 

This document is designed for general information only. The information presented on this document should not be construed to be formal legal or tax advice nor the formation of a lawyer/client relationship. 

For more information on this and other topics, please contact Kevin via any of the channels listed below:

📧kevin@kmckernan.com or 📞718-317-5007

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