Although we all hope to live a long and healthy life, unexpected
things can happen to us. Perhaps we are injured in an accident
or unexpectedly become terminally ill. Wouldn't we want to have
control over our treatment? Wouldn't we want to know who will
make decisions about our health care when we are unable to?
No matter what our
age we need to plan for unexpected emergencies when we are unable
to state our healthcare decisions. We can learn about options,
plan ahead and take practical steps to assure our choices are
carried out. Some of us want all medical technology available
used to prolong our life but others do not. Some of us are more
concerned about the amount of pain control available or have other
healthcare issues. Each of us has a right to accept or refuse
medical care and to say whether we wish our lives to end within
or outside of a hospital. To prepare for such a time and be sure
our wishes are carried out we can name a Healthcare Agent (Proxy)
and sign a Health Care Directive.
Healthcare proxies
and Health Care Directives may be called by several names such
as: Durable Power of Attorney for Healthcare and Advance Medical
Directive. The names may differ by state. A Durable Power
of Attorney for Health, which in some states is called a Health
Care Proxy form, is a simple legal document that allows you
to name someone you know and trust to make healthcare decisions
for you if, for any reason and at any time, you become unable
to make or communicate those decisions. Such a document may, or
may not, incorporate a Health Care Directive (Living Will)
which allows you to state your healthcare wishes if you become
terminally ill.
The person you appoint
(your proxy) to make health care decisions for you can
only make decisions about your health care when you are unable
to do that for yourself. This means your agent can act for
you if you are temporarily unconscious, in a coma,
or have some other condition in which you cannot make or communicate
health care decisions. In some states, your agent cannot act
for you until your doctor determines, in writing, that
you lack the ability to make your own health care decisions. Most
forms allow you to name an alternate agent. If your first agent
is unavailable you still will still have someone to make healthcare
decisions when you cannot.
Acting as your agent,
the person you have named will make health care decisions that
you would if you were able. Your wishes can best be followed if
you also fill out a Health Care Directive (Living Will) which
is a document in which you give instructions about the health
care you would desire under particular circumstances. You can
give instructions in this document for the kind of health care
you do and do not want.
The laws on such documents
may differ by state so it is important that you get a form
in your own state. Such documents are available at any hospital,
from attorneys, and even from some state Bar Associations. If
your form does not include a Health Care Directive, write down
your wishes and attach it to the Health Care Proxy form. Be sure
the witness to your Health Care Proxy also signs this document.
No matter what your
choices are, they should be in writing. It is best if they
are in legal form and accessible to all those who may be involved
in your care. In some states you just need the form witnessed,
in others, you need to have it notarized. In some states you need
to have the person you named as your proxy sign it also. A
copy should be given to your physician for your medical file
and at that time you might ask if he/she would have any problem
honoring it.
A copy of your documents
should be given to your Health Care Proxy and alternate proxy
and you should discuss your health care wishes with him or her
to be sure they are comfortable honoring your wishes. If not,
you might want to consider different proxies. Lastly, put the
original form in a place it can easily be found.
Your healthcare
proxy can be revoked should you desire to do so. You can cancel
the document by writing a new one, by notifying your healthcare
providers that you want to revoke your proxy or you can destroy
all copies of the proxy.
Once you have made
these decisions and filled out the forms, apprehensions about
your health toward the end of life will be reduced and you can
then use your energy to enjoy life.
Betty
Soldz is an author, educator and consultant in the field of aging.
She facilitated workshops and discussion groups for the University
of California Berkeley Retirement Center. Betty is one of the
co-authors of Wise
Choices Beyond Midlife: Women Mapping the Journey Ahead.
She is Past-President of OWL/CA (Voices of Mid-life and Older
Women) and is Chairperson of 50+ and Strong: An Alliance for Women's
Health. For 11 years, Betty volunteered with the California
Health Insurance Counseling and Advocacy Program(HICAP) of Legal
Assistance for Seniors and is active in the struggle to protect
Medicare and Social Security. She is now Newsletter Editor and
Public Policy Liaison, as well as a member of the Coordinating
Committee of Greater Boston OWL. Betty can
be contacted at:Milbet@aol.com.
