Today is Healthcare Decision Day across the country. The purpose is to raise awareness of the importance of planning for healthcare decisions not only relative to end of life, but all medical decision making. It is somewhat timely that this day follows tax day, resulting in two important dates being consecutively “celebrated.”
In Massachusetts, any adult has the right to prepare for the eventual situation where they may not be able to make decisions for themselves. In the Commonwealth, this is called a Healthcare Proxy, but in other states the document may be called a Living Will, Advanced Medical Directive or Statements of Wishes. These documents should be prepared while you are competent, and well, thus proving that you can think clearly about the decisions you’re making, including who you want to make your end of life decisions.
It is important to put these wishes in writing so there won’t be any issue when it becomes necessary to utilize this document. Perhaps one of the most noteworthy cases in recent history was the Terri Shivo case. Terri had allegedly told others what she wanted, but since her wishes were not in writing, the Courts disregarded them. The 17 court cases that occurred over several years regarding Terri’s desires remind us of the adverse situation that may occur when you don’t effectively plan.
Many people put off these decisions. However, it is important to establish them now so there won’t be any confusion about your desires. This will establish clear lines of authority for decision making and determine the course of action to take or not to take when the time comes. This document is so important that it is really not an option for you to go without it. Whether or not you want to be kept alive is a personal decision that is too important to leave to a likely very emotionally overwhelmed family member.
While most states do not allow for assisted suicide, a decision may be made to not prolong the dying process. This allows a person to be taken off life support if there is no reasonable likelihood that they are going to recover with any dignity or quality of life. This so called “living will” language should be included within your Healthcare Proxy since living wills are not allowable in Massachusetts. However, in other states, this may be utilized as a separate document that provides clarification and direction to the individuals making medical decisions for you when you become incapacitated.
Once the document has been completed, a copy should be given to your family members, your proposed decision makers and the physicians who will be talking with family members about these decisions when the time arises.
While most Healthcare Proxies do not have to be notarized, they need to be in writing and should be witnessed similar to a Will. However, I strongly urge all my clients to be sure that their documents are notarized so if you become ill in a state that requires a notarized statement, the document will comply with the laws there.
If your Healthcare Proxy hadn’t been revised for some time, it should be updated to comply with any new laws, such as the HIPAA waiver, which will permit your agent or backup agent to talk with your physician or medical provider to obtain the necessary information to allow him or her to fulfill your wishes.
By: Hyman G. Darling, Esq.
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