What You Need to Know About Living Wills: Part 2

by Ami Icanberry

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(This is the second half in a two-part series. Read What You Need to Know About Living Wills: Part 1.)

In continuing last week’s discussion on advance directives and the various types, I ran across an article published by the Journal of the American Geriatrics Society, which illustrates the importance of these documents. In a recent survey put forth to families of some 1,500 people who died—71% of whom had advance directives—“families felt better about their communication with their loved one’s doctor when there was an advance directive. They also felt they were more informed about what to expect during the dying process.” Interestingly, patients with advanced directives were more likely to die in a hospice environment rather than in a hospital or intensive care unit.

In addition to living wills and durable powers of attorney, a third type of advance directive is likely the most controversial because of its implications—a do not resuscitate (DNR) order.

What’s a DNR order?

Unless given instructions to the contrary, hospital staff is required by law to try to help all patients who have stopped breathing, or whose heart has stopped. A DNR order is a written order from a doctor not to attempt CPR on his or her patient under these circumstances. A DNR order can be written in an advance directive, or via a durable power of attorney. Oftentimes, patients who know they are dying and have a terminal illness have their doctors sign a DNR order upon admission to the hospital to help ensure a more natural death without painful or invasive medical procedures. DNR orders are accepted in all states, although the guidelines for validity vary by jurisdiction.

Are advance directives difficult to obtain?

No. Advance directives—living wills, powers of attorney and DNR orders—need not be complicated documents. Yours can be a simple statement explaining what you’d like to have happen, or not, if you are unable to speak for yourself. While a lawyer is not necessary in drafting an advance directive, they can help ensure what you’ve written is as you intended. Medicine Net recommends notarizing your directives if possible and giving copies to family members and your doctor.

If all of this legal jargon is sounding a bit like something out of a spy novel, don’t worry. We at Gilbert Guide like to keep the process of drafting a health care directive as painless as possible. Check out Gilbert Guide’s favorite living will—5 Wishes. The document is unique in that it addresses all of a person’s needs: personal, emotional, spiritual and, of course, medical. If you are unable to speak for yourself, you will have already chosen the person you would want to make your health care decisions. It’s super simple to complete—and inexpensive!

The National Hospice and Palliative Care Organization provides free advance directive forms. Just go to their Web site, choose your state and print out a form. You can also obtain forms from your doctor or your state’s department on aging.

How can I be sure my health care documents are legal?

To ensure the legality of a health care directive, you must be 18 years old and able to understand the document and its implications. You must sign your order, or have another person sign them in the event you are unable, in front of a witness or notary public. We are always looking at the past, the present and the future. But what about end-of-life and what we can do now to make sure our wishes are met on our own terms? By taking a little time to think about what you really want for yourself and your loved ones, you just might just achieve true peace of mind.

Giving you some advance notice—

Ami Icanberry

Posted in: Advanced Directives, Dying with Dignity, Elder Law, Essential Documents, Living Wills, Living Wills & Advanced Directives, Living Wills & Advanced Directives, Living Wills & Advanced Directives, Powers of Attorney, Terminal Illness