Can You Really Afford to Wait?
By David Stern
October 2005
If
you have been considering a medical/healthcare proxy,
also known as a medical power of attorney, you may have
already begun to think about whom you wish to name as
your Agent and his/her alternative together with the
instructions you want give for your care if you are
unable to express your wishes. If you are one of almost
25 million Americans who already have a proxy, you may
want to revisit certain issues, especially in light of
the public and private tragedy experienced by Terry
Schiavo’s family. A medical/healthcare proxy ensures
that everyone, regardless of family circumstances,
retains control over his/her health care. Without a
written proxy, partners or other loved ones may not be
able to participate in decisions regarding medical
treatment, your care decisions may be made by someone
lacking knowledge of your wishes, making it more likely
that you could be given treatment that you would not
have chosen for yourself.
This article is an overview of the issues and is
intended to assist you in making an informed decision.
While not everything may be applicable to your
individual situation and it certainly is not intended to
replace legal advise, basic signposts are suggested to
help guide you through a frequently emotional process,
but one which nevertheless must be addressed…sooner
rather than later.
It is important to make informed and considered
decisions, especially relating to the selection of your
Agent and his/her alternative in the event he/she is
unable to serve, and to establish clear and concise
instructions for your care. Remember that the need for a
proxy is not limited to end of life situations, but any
situation in which you are unable to make your own
decisions, even if it is only for a short period of
time. You will need to have candid discussions with your
proposed Agent and ensure that he/she will fulfill YOUR
wishes irrespective of his/her own feelings. The Agent
is to make the same decisions you would make if you were
able to do so. It is important to periodically revisit
your instructions as circumstances may change.
Getting Started
There are three basic areas to consider before preparing
a medical/healthcare proxy (power of attorney) or when
you are reviewing your existing proxy:
-
Explore your own
circumstances
-
Identify
individual(s) you want to make treatment decisions for
you in the event you are unable to make them for
yourself
-
List specific
instructions (if any) you want to tell your
Agent(s)
Exploring your own
circumstances
There are a number of questions that you may wish to
consider before preparing a medical/healthcare proxy
(power of attorney) or when you periodically review your
proxy:
-
What is the present
condition of my health?
-
Do I have special
medical needs?
-
Do I hold any religious
or moral views about medicine or particular
treatments?
-
What do I value most
about life?
-
How do I feel about
death or dying?
-
Do I believe life
should be preserved as long as possible?
-
What circumstances
would make me think that treatment to prolong life
should or should not be used?
-
Is the amount of pain I
am experiencing or will experience a consideration?
-
Does it make a
difference if the pain is temporary or permanent?
-
Is the likelihood and
degree of recovery a consideration?
-
Is my age a
consideration?
-
Is the age of my
spouse/partner (if any) or the ages of my children (if
any) a consideration?
-
Should financial
considerations influence decisions about my medical
care.
-
Are there other beliefs
or values that I hold that should be taken into
consideration by those making medical decisions for
me?
Selecting an Agent(s)
There are also questions you may wish to consider
before selecting an Agent(s):
-
Is there someone who is already familiar with your
overall medical situation?
-
Is there someone who is already familiar with your
wishes regarding medical treatment?
-
Is there someone who is already familiar with
family/personal circumstances that may affect
treatment decisions?
-
Is there someone who is willing to participate in
health care decisions on your behalf as your advocate
and conscience?
-
Is there someone who is able to act on your behalf
considering that person’s age, availability and
location?
-
Is there anyone able to make tough decisions should
it become necessary to do so?
-
Is there anyone able to understand important and
possibly difficult medical information?
-
Are you confident that your choice will make the
best decisions on your behalf consistent with your
wishes?
Specific instructions
Whatever one’s age, current health or family history,
no one knows when circumstances may arise that may
render any of us unable to participate, whether
temporarily or permanently, in critical medical
decisions affecting our care. It is essential that a
variety of scenarios be considered in which an Agent(s)
may be required to act and make decisions.
-
Treatments considerations
a. Limitations regarding types of medications (if
any), including pain relief. b. Limitations regarding surgical procedures (if any). c. Limitation regarding nutrition and hydration
treatments (if any), including feeding tubes. d. Limitations regarding artificial respiration (if
any), including CPR. e. Limitations regarding alternative or experimental
treatment (if any
-
Organ donation
-
Withdrawal of life support
a. Degree of severity of condition b. Degree of permanence c. Degree of pain d. Financial costs e. Overall quality of life
Revisiting Your Choices
Planning is an ongoing process. It is important to
regularly examine your choices periodically and
whenever circumstances change. The list of questions
posed above should be reviewed no less than annually,
regardless of the difficulty associated with having to
confront emotionally difficult issues. Not having a
proxy is tantamount to crossing a busy intersection,
against the light, without even looking. Once you have selected your Agent(s), prepared and
signed a proxy, then what? Unless your proxy
information is available in the event of an emergency,
all the effort you have undertaken is wasted.
medproxy.com is a member of the
online-registries,
Inc. family of web based digital medical records
sites. medproxy.com permits the safe, secure, simple,
affordable and private storage and retrieval of your
proxy information combined with the ability to access
and share those records with designated emergency
healthcare providers. In an emergency,
medproxy.com offers accredited
hospitals and healthcare organizations the ability to
read your proxy information, learn the identity of
your Agent(s) and how to contact them. In addition,
whenever your proxy is accessed by a hospital, your
Agent(s) will be immediately notified by email with
the name, address and phone number of the hospital. A
medproxy.com member will have “peace of mind-online”® knowing that his or her wishes will be honored in
the event of an emergency and the caregiver will have
the security of knowing that the treatment being
provided is consistent with the patient’s wishes.
Only subscribers can enter or alter their data,
however accredited hospitals or anyone to whom you
give your password may access this data on a read-only
basis. There is an initial charge of $19.95 for registration,
which allows members to update or change their own
proxy information whenever they choose, at no
additional cost.
There is an annual charge of $9.95.
David Stern is a graduate of Harvard College and
Harvard Law School and the founder of online-registries,
Inc., a family of Web-based healthcare sites that
includes
medproxy.com,
senior-records.com
and
kidrecords.com.
Visit www.online-registries
or call (401) 841-5600
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