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Speak for Yourself! Making Your Future Health Care Decisions. The future depends on what we do in the present. –Mahatma Gandhi. The Facts. 29% of West Virginians have been involved in making medical decisions for a family or friend in their last days
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Speak for Yourself! Making Your FutureHealth Care Decisions The future depends on what we do in the present. –Mahatma Gandhi
The Facts • 29% of West Virginians have been involved in making medical decisions for a family or friend in their last days • 48% have both a Living Will and a Medical Power of Attorney • 72% would choose to live a shorter time to avoid pain and suffering
More Facts • 55% of West Virginians agree it is important to talk with their family and doctor about how they want to be treated at the end of their life • 72% have talked with a family member or close friend • 26% have talked with their doctor • 67% prefer to die at home HOWEVER • 57% die in a hospital or nursing facility
Why have “the conversation?” • The time may come when certain treatments offer little or no benefit or may actually be harmful. • Enables you to decide on the kind of care you want at the end of your life • Assures you that your wishes will be carried out if you are unable to make decisions for yourself • A true gift to your loved ones—relieves your family of the difficult burden of trying to decide what you might want
Steps to having a conversation • Step 1: Get Ready! • Step 2: Get Set! • Step 3: Go! • Step 4: Keep going!
Step 1: Get Ready • You don’t need to talk just yet. • Take your time. Think about it. Start by writing a letter to yourself or a loved one. Think about having a practice conversation with a friend.
Step 2: Get Set • Think about what you want for the end of your life. • Consider all the “what ifs” – heart attack, stroke, cancer • What matters to me is ______? • Do I want to live as long as possible no matter the cost? • Quality of life is more important than quantity of life. • I wouldn’t mind going to a nursing home. • Living independently is huge. • I don’t want my loved ones to know everything about my health. • Talk with your physician • Read “Hard Choices for Loving People”
Step 3: Go • Who do you want to include in the conversation? • When would be a good time to talk? • Where would you feel comfortable talking? • What do you want to be sure to say? • Remember – • You don’t have to cover everything in the first conversation. This is a process. • You can change your mind. • A “good death” means different things to different people and your loved ones may disagree with your choices. That’s OK. They are your choices. GO FOR IT!
Step 4: Keep Going • Now is the time to put your conversation in writing with an advance directive
Types of Advance Directives • Living Will • Medical Power of Attorney • DNR (Do Not Resuscitate) • POST (Physician Orders for Scope of Treatment) In West Virginia there are several types of Advance Directives:
Traditional Advance Directives • For future healthcare decisions (What you would want if . . . ) • Cannot address all the possible circumstances Living Will or Medical Power of Attorney
Actionable Advance Directives • Put into effect immediately • Decisions based on current health status and present options for care • Clearly defined (black and white) DNR and POST
Living Will • A statement of your wishes if you are terminally ill or permanently unconscious and heroic measures are being considered or have been started • Only applies to the above-mentioned circumstances • Is a plan for the future
Medical Power of Attorney • Enables you to name a person to make health care decisions for you if you are unable to make them for yourself • Applicable in any health care situation where you are incapacitated • When you recover, you resume responsibility of your own care • Is a plan for the future
Do Not Resuscitate (DNR) • Doctor’s order • Takes effect immediately • Protects a person’s right to not have CPR • For people for whom CPR would not be helpful (chronically or terminally ill, frail, advanced age)
The POST Form • Used for: • Seriously ill patients (chronic, progressive disease) • Terminally ill patients • The frail elderly • Doctor’s order • Takes effect immediately • Goes with the patient where ever he or she goes – home, hospital, nursing home • Easy to read, easy to find • Assures a patient’s end-of-life care wishes will be honored • Can be completed for a patient by the MPOA or Health Care Surrogate
When There is No Directive: Health Care Surrogate • When the patient is unable to make a medical decision and there is no MPOA in place, the physician may appoint a Health Care Surrogate • The Health Care Surrogate makes all medical decisions for the patient. • Selection based on a priority order, but physician discretion is allowed
Guardianship • When there is no LW or MPOA and no appropriate person to appoint as HCS, a guardian is appointed by the courts to make medical decisions. • There is a cost involved. • It may take weeks to work through the guardianship process.
MPOA / Durable POA • Medical Power of Attorney is only for medical decisions. • Durable Power of Attorney is only for legal, financial or business decisions but may have a “health care decisions” clause. • May have two different people or the same person as MPOA/POA
COMMONLY ASKED QUESTIONS ABOUT ADVANCE DIRECTIVES
Who Should Havean Advance Directive? • Advance directives are for any one over the age of 18 including emancipated and mature minors.
If I already have a Living Will, do I need a Medical Power of Attorney? • Most West Virginians have both. • MPOA is more flexible. • Those who do not have someone to act as MPOA should consider creating a LW.
Can I still make my own decisions once I have created an advance directive? • Yes, your advance directive does not become effective until you are incapable of clearly expressing your own wishes. (Incapacity is determined by a physician, psychologist or advanced practice nurse.)
Do I need a lawyer to create an advance directive? • No, but both documents must be signed and witnessed in the presence of a Notary Public. • Witnesses must be 18 years of age and not related to you by blood or marriage.
What do I do with my advance directive? • After it is signed, witnessed and notarized: • Give a copy to – • Your representative (who should know where the original copy is) • Your successor representative • Your doctor • Your local hospital • Keep the original in a safe place that is easily located – not your safety deposit box!
What if my doctor or loved ones disagree with my decisions? • You can prevent confusion by talking with loved ones about your personal values and beliefs. • Remember that these decisions are yours, and they must be carried out by health care providers. • If a doctor cannot comply, he or she must transfer your care to another doctor. Communication is the key!
Will another state honor my advance directive? • Laws differ from state to state, but in general a patient’s expressed wishes will be honored.
Will my advance directive from another state be honored in WV? • West Virginia will honor other states advance directives as long as they are validly completed according to that states laws or WV law. • But if you are a WV resident you should complete a WV advance directive. • If you live in a bordering state and get the majority of your health care in WV, you can complete a WV advance directive.
What if I change my mind about my representative or treatment? • Review your advance directive periodically (tax time.) • Create a new one if necessary. • Collect and destroy all old copies. • Be sure to tell your loved ones about changes. • The document with the most recent date is the one that will be followed.
Can I write my wishes for funeral arrangements on my Advance Directive? • Yes, but you must include this sentence in the Special Directives section: “I authorize my representative to make decisions regarding my funeral arrangements or cremation.”
WV e-Directive Registry • Through a password protected secure system, will make your advance directive or medical orders available to treating health care professionals in the case of an emergency and your documents can’t be located. • After you have completed the forms FAX them to:
To obtain current advance directive forms call: 877-209-8086 or go to www.wvendoflife.org