Advance Directives: Health Care Decisions When You Can’t Speak Up
June 16, 2022Every time you go to the doctor, there is a check box that asks if you have an advance directive. You may look at it and wonder what that is but don’t want to ask. It’s probably just another form in the pile that you have to fill out. And it isn’t that important, right?
Actually, advance directives are very important if you want your wishes to be known and respected.
“An advance directive is a written document that tells your doctors and family about your decisions and wishes for care and comfort should you become terminally ill or have a serious illness and can’t speak for yourself,” says Anne Caywood, a Bluffton-based attorney and the executive director of Lowcountry Legal Volunteers.
Completing one is simple. Download the documents or ask your health care provider for a copy. In addition to answering a few questions and signing it, you will need a couple of witnesses and maybe a notary. A lawyer is not required. You can be specific about your wishes, or you can simply name someone (a proxy or power of attorney) to make decisions for you if you are unable to do so for yourself.
Start by Thinking About What You Want
As you read the advance directive documents, ask yourself…
- What defines quality of life for you?
- What health care decisions support that?
- What goals are important if your condition worsens?
- What fears and worries do you have about your future?
- What abilities are critical and how much are you willing to go through to maintain them?
Then consider what your family knows about all of these concerns. If you are not able to make your own decisions, your family will be asked to speak on your behalf. How will they know what you want? Will your family have the ability to make the decisions you want? Will guilt or other emotions make it too difficult?
Read More: Getting Supportive Care to Maintain Quality of Life
If you don’t think your family will be able to follow your wishes, who is the person you can trust to make those decisions? More importantly, is this the person the doctor can legally ask?
“Executing a formal Health Care Power of Attorney will ensure that whomever you trust will legally be able to make those decisions on your behalf,” Caywood says.
Have a Conversation
So, now that you have identified your wishes, you need to have a conversation. Speak with your family about the decisions you have made. Ask your doctor or social worker to help you arrange a family meeting if you are unsure how to start. Resources and ideas are available on how to start the discussion. Just face the elephant in the room!
Spread the Word
Once you’ve completed your form and gained agreement from the person you identified to make decisions on your behalf, give copies of the paperwork to your doctors, your health care facility and your health care power of attorney. Keep the original in a safe but easily accessible place. This is not a document for your safety deposit box.
Beaufort Memorial is also able to scan the documents and keep them on file in case you are hospitalized. To take advantage of this free service, bring your completed forms, insurance card and a photo ID to the admitting department. For more information, contact the Care Coordination Department at 843-522-5052.
It’s Not ‘Once and Done’
“This is a document you need to review periodically,” Caywood says. “As we age, our goals change and so may our decisions about health care.”
Be sure to keep track of who has copies so you can update them with any changes. It is important to review your decisions as often as once a year, but it is imperative you review them in case of:
- Death of your chosen agent or loved one
- Decline in your health
- Diagnosis of a serious disease
- Divorce
Read More: Planning for Peace of Mind
Still Need Help?
A partnership between Beaufort Memorial and Lowcountry Legal Volunteers is enabling area residents to get a health care power of attorney at no cost.
The two local not-for-profits have scheduled a series of clinics to help people who meet income requirements and other qualifications prepare advance directives. Participants will meet with a Lowcountry Legal Volunteers staff attorney or a volunteer attorney from the community and leave the meeting with finalized documents in hand. In addition, the attorneys will offer assistance preparing a legal will.
“It’s important to have a will so your decisions will be honored as to how your real and personal property will be distributed to family and loved ones,” Caywood says. “If you don’t have a will at the time of your death, the law of the state where you live will decide everything for you.”
In addition, several organizations offer more information on their websites. These include:
Sometimes, when we receive a diagnosis of a serious illness or have an accident, it feels like our health care is out of our control. Take back some of the control. Don’t put the burden on your family to guess what you would want.
“Prepare in advance, educate your family about your wishes and document them,” Caywood says. “This will empower your chosen representatives to act confidently on your behalf if they should ever need to.”
Interested in our upcoming legal clinics? Call the Lowcountry Legal Volunteer office at 843-815-1570 or by email at info@lclv.org.