Advance Directive Forms - Essay Example

1. There are many examples online of advance directive forms. Select one and complete it. How do you know you selected a legally recognized tool?  I have completed the Advance Directive Form provided by the American Family Physician online. The main consideration in determining whether the Advance Directive Form that I was able to complete is legal, is that it must be completed according to the state law I reside. For instance, if I completed it in Ohio and have transferred to California, the Form would be useless. The reason for this is that, even though all states have passed statutes that recognize the legitimacy of advance directives, most states have varied requirements for the advance directives. Usually, people are advised to just get the form from the health-care facility that they are being treated in since they would have the standard Advance Directive Form that the state prescribes. All in all, it is safe, for people if they want to be extra careful to use the advance directive form drafted by the American Medical Association in conjunction with the American Association of Retired Persons and the American Bar Association. This form is a legally-binding documents in all states. The Form must also be filled in with at least two witnesses present. These witnesses must also satisfy specific requirements, which I should comply with. Healthcare staffs are well-versed in these areas so anybody in my position can expect help from them. In addition all of the entries therein must be comprehensively and correctly filled in. This is the reason why it is important to employ the help of an attorney to determine this “completeness.” An error in the document can be used as a legal ground to dispute my state of mind when the Form was completed and, hence, invite legal disputes later on. 2. Define the terms living will and health care power-of-attorney. Why are both important?  Living will and a health care power of attorney are two types of advance directives. The former is defined as the “document whose purpose is to specify the person’s end-of-life care instruction” and that “whether that end-of-life directive also includes the appointment of a health care proxy in a combination form will be specified in each reference.” (Cebuhar 2006, p. 43) The health care power-of-attorney, on the other hand, refers to the permission of the conveyance to the agent or proxy of one’s powers to make health care decisions upon loss of decision-making capacity and that it “can be used to request or refuse treatment, giving this legal instrument greater scope and power than the living will in most jurisdictions.” (Gallo and Reichel 1999, p. 816) Living will is important for me as a patient because it expresses my wishes on the future whether I should undergo further treatment or reject it even though I would be already incapable or conscious to make such demand. It is also important for the minds and hearts of those who would survive me because they would know that the treatment that has been administered or withheld has been undertaken over my choice. Meanwhile, the durable power-of-attorney for health care is also important because the living will does not appoint a proxy or an agent to enforce the end-of-life instructions. The legally-binding document makes the end-of-life instructions easily enforceable and less prone to contests and suit. 3. Talk with your family or guardian about what you have designated as your wishes. Describe the experience of having this conversation. Did you encounter any difficulties in discussing this topic?  Discussing end-of-life wishes with my family was certainly painful for everybody. My family is a particularly traditional one that any talks about dying are unconventional and forbidden as much as possible. For us, there is always the hope of living and if there are opportunities for it we should pursue it unequivocally and it should occupy all our focus and nothing else. Even though my illness is terminal, there is still reluctance for my family in regards to discussing openly about my death. We are also very religious, that is why given the doctor’s grim judgment, and they still placed their hopes on divine intervention. These made it doubly hard for me to reiterate what I wanted when I am gone. Nonetheless, I have had my way and, though it was a bit awkward, I managed to get my message across. No one would meet my eyes and one of my sister would keep on mumbling about the nonsense I was talking about. I have no doubt that they would carry out my wishes to the letter although I am sure they would experience great difficulty in following my wish to refuse treatment later on when all else failed. 4. Did this talk allow your family or guardian to describe what they would wish if they faced these types of circumstances? How was it for you to hear their expectations and think about being asked to speak on their behalf?  There is absolutely none. Such type of circumstance can be considered as a taboo for my family. It is considered inviting bad luck to discuss an impending death even if such discussion meant preparation and easier life for everybody in the event of a demise. I would have wanted to suggest or propose the same preparations I am making but it would – in my family’s opinion – be considered inappropriate and insensitive. I also have to consider what they were feeling so I have to respect their sentiments as well. I have done my best to make everything in my experience proceed as smoothly and as painless as possible with the hope that they would be able to learn something from my example. I hope that I can help them understand my position in this way and probably impart insights for them to use when they face similar situation in the future. 5. Did you decide to be an organ donor? Why or why not? What do you need to do to make this a legal recognized decision?  Yes, I have decided to donate whatever it is that can be salvaged out of my body. I do have a desire to live on even if it means only a part of me would continue to do so. More importantly, however, I am keen on the idea that I could help other people who have more chances of living than I have. Either expressing my desire to donate in the living will or the durable power-of-attorney, would make my wish to donate organs valid and legitimate. The law – based on the Uniform Anatomical Gift Act - mandates that a living individual documented statement is sufficient to donate. In addition, this document containing my end-of-life requests has legal priority over my next kin’s wishes. References Cebuhar, J. (2006). Last Things First, Just in Case...: The Practical Guide to Living Wills and Durable Powers of Attorney for Health Care. West Des Moines: Murphy Publishing, LLC. Gallo, J. and Reichel, W. (1999). Reichels care of the elderly: clinical aspects of aging. Lippincott Williams & Wilkins. "Sample Advance Directive Form". (1999). American Academy of Family Physician (AAFP). Retrieved 5 Nov. 2010, from http://www.aafp.org/afp/990201ap/617.html. Read More