Southeast Missouri Hospital has two forms
available to you for Advance Directives
The first is the Hospital's Health Care Decisions/Advance
Directive form.
Click here for two-page PDF form.
The second is the Missouri Bar Association's
Durable Power of Attorney for Health Care and
Health Care Directive. It is posted here with
permission from the Missouri Bar Association.
Click here for 18-page PDF form.
Both require the free Acrobat Reader
to access these printer-friendly PDFs.
Click
here if you need the Acrobat Reader.
What are Advance Directives?
Advance directives can be a living will
or a durable power of attorney for health care
-- either document allows you to give directions
about your future medical care. Advance directives
protect your right to accept or refuse certain
kinds of medical care should you ever become
mentally or physically unable to communicate
your wishes due to an accident or serious illness.
What kinds of rights do patients have?
Patient rights include privacy; informed
consent (a clear explanation of advantages
and risks of any procedures, tests or treatments);
information about your condition; and information
about advance directives.
Why is there so much interest in advance
directives now?
Many people today are concerned about the medical
care they would be given if they should become
terminally ill and unable to communicate, partly
because of the growing ability of medical technology
to prolong life and partly because of highly
publicized legal cases involving unconscious
or dying patients. Many people don't want to
spend
months or years dependent on life-support machines,
and they don't want to cause unnecessary emotional
or financial distress for their lived ones. But
without advance directives, they have little
or no choice in the treatments they receive.
What does the law say about this issue?
Laws differ from state to state, but in general
a patient's expressed wishes will be honored.
The Patient Self-Determination Act now requires
all hospitals participating in Medicare or Medicaid
to ask all adult inpatients if they have advance
directives, to document their answers and to
provide information on state laws and hospital
policies regarding advance directives.
How are durable power of attorney for health
care and living wills different?
Living wills are written instructions that explain
your wishes regarding health care, should you
have a terminal condition. They're called "living"
wills because they take effect while a patient
is still alive. The living will must be signed
in the presence of two witnesses who are 18 or
older. A notary public is not necessary. Durable
power of attorney allows you name to a person
to make decisions for you if you become unable
to do so. You can specify which decisions your
representative can make about health care. Durable
power of attorney for health care must be signed
by the individual and two witnesses, and it must
be notarized. The Missouri statute prohibits
living will requests for withdrawal of nutrition
and hydration once it has been initiated. Durable
power of attorney for health care provides for
withdrawal of nutrition and hydration if the
individual so desires.
How can people determine which procedures they
would not want to prolong life?
When creating advance directives, let your
values be your guide. Although it isn't possible
to specify every possible procedure under every
possible circumstance, it is possible to decide
what kind of treatment would be preferable in
most situations. For example, advance directives
may enable you to make your feelings known about
cardiopulmonary resuscitation; artificial nutrition
and hydration; respirators (breathing machines);
kidney dialysis; and the use of medications for
pain relief.
Are living wills and health care power of attorney
irrevocable?
No. These documents may be changed or revoked
at any time. Any alternations or revocations
should be signed and dated, with copies given
to your family, your physician and your attorney.
But even without an official written version,
your orally expressed directions to your physician
generally have priority over any statement made
in a living will or power of attorney as long
as you have the ability to make decisions and
communicate effectively.
Can a patient's relative prevent advance directives
from taking effect?
Generally, no, unless the relative can prove
the patient was not thinking clearly when he
or she created the living will or advance directive.
If a comatose or mentally incompetent
patient doesn't have a living will or durable
power of
attorney, who decides what to withdraw treatment?
If that patient has not made any advance directive,
the decision is left to the family, the physician,
the hospital and sometimes a court of law.
Where can I get more information about advance
directives and living wills?
Living wills are available through Southeast
Missouri Hospital's Pastoral Care (651-5519)
or Social Services (651-5549) departments. You
can
also click on the PDF forms above for the Hospital's
Durable Power of Attorney for Health Care Decisions
and the Missouri Bar Association's Durable Power
of Attorney for Health Care and Health Care Directive.
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