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- With whom should you discuss your wishes?
- You should be sure that both your proxy and your personal physician
clearly understand your wishes. If your proxy is not a family member,
be sure your family also understand your wishes.
If you become unable to make your own medical decisions your physicians
in consultation with your proxy will be deciding what medical treatments
you get and do not get. So you should be sure that you discuss your wishes
in each of the six scenarios with the person you designate as your proxy
and with your physician.
Ideally, all three - you, your proxy and your physician - will sit down
together and go over your choices in the Medical Directive to be sure
everyone clearly understands what you want.
- Do you have to fill out all the grids and boxes?
- It is impossible to know what might happen to you. The six scenarios
are common situations at the end of life. The grid and boxes are meant
to help you think through your wishes. They should facilitate your thinking
and the discussions with your proxy and physician. If some of the choices
do not seem clear or if you are uncertain, you can leave them blank or
mark them tentatively and return to them at a later time.
Just remember, the more information your proxy and physician have, the
more likely they are to be able to do what you want.
- Who should witness your Medical Directive?
- It is best if your proxy and your physician do not witness it.
Your neighbor, your lawyer, a nurse, a family member who is not your proxy,
may all serve as witnesses.
The witness should have no interest in your estate.
- Who should have a copy of your Medical Directive?
- When you have completed and signed the Medical Directive, and
had it witnessed, you should make 2 copies of it. You should give one
copy to your proxy. You should give one copy to your physician to put
into your medical chart. And you should keep the original copy.
- When should you update your Medical Directive?
- You should update your Medical Directive with any important
change in your health or change in your personal views on what medical
treatments you want. Even if you do not have a change in health or a change
in views, it is probably a good idea to review your choices every 2 or
3 years just to reaffirm your wishes.
- Is the Medical Directive legal?
- The Medical Directive has not been part of any state's living
will laws. Nevertheless, in the 1990 Cruzan decision and in 1997
"euthanasia" decisions, the United States Supreme Court made clear that
people have a constitutional right to express their views on what types
of medical treatments they do and do not want to receive.
The Supreme Court emphasized that a person's clear statement of wishes
about not wanting life-sustaining treatments, such as respirators and
artificial feedings, must be respected by physicians and hospitals.
The Medical Directive is one way a person can express their wishes. Therefore,
a properly executed Medical Directive - one that is signed and witnessed
- should be binding in all states. It is important to note that laws vary
by state. If you want to be extra sure, you should consult an attorney
regrading the efficacy of a Medical Directive in your home state.
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