For families looking after older loved ones, understanding your role in their medical care can be important. But legally speaking, you likely don’t have a say. However, with your loved one’s permission, a lawyer could help grant you an Advance Directive. Advance Directives are legal documents that help ensure an individual’s wishes are carried out if they become incapacitated and cannot properly express their desires to the medical professionals providing care. In New York State, the health care system recognizes 3 types of advance directives: Living Wills, a health care proxy, and Do Not Resuscitate (DNR) orders. For family caregivers, understanding these directives can be important. It may be helpful to work with your loved one and their estate attorney to draft them up if needed or wanted.
Why Are Advance Directives Important For Older Adults?
It is important to understand what your options are when discussing advance directives with an estate attorney so that you can create a plan that reflects your loved one’s needs. Advance directives can cover a variety of medical situations. They can be important for defining unwanted treatments, or keep you on or off life support, depending on your wishes. Advance directives can also prevent family members from dealing with court battles over your wishes when you are unable to represent your own desires.
Living Wills
A Living Will is a document that establishes what kinds of medical treatment may be administered, or not, during end-of-life treatment. This is very important, as these cases can come up suddenly, such as from a car accident or a medical emergency. A Living Will takes out the guesswork, where family members may struggle to decide in your stead. A Living Will generally needs to be constructed with an attorney in the state where the treatment is being given, to ensure validity. Some states may honor the Living Will of other states, depending on local or state laws.
Health Care Proxy
Health Care Proxies are individuals who are granted authority over your medical care if you are incapacitated. Proxies are generally close family members or trusted friends. While many people rely on their spouse in a medical emergency, they are not automatically considered a healthcare proxy. Some couples may also choose to name an adult child as their Health Care Proxy. This can be helpful if both spouses are rendered incapacitated, like in a car accident.
Before you declare someone as your healthcare proxy, you should first notify them. Ask the chosen individual if they are comfortable with the responsibility, and express your wishes to them. They must be aware of what this means when it comes to healthcare, especially in the event of an emergency. In New York State, 2 doctors must examine you and determine that you are unable to make proper decisions regarding your medical health before your proxy can act on your behalf.
There are 2 types of Health Care Proxies. Temporary proxies are typically utilized when an individual undergoes an outpatient procedure requiring anesthesia, but can be used in some other cases. Temporary proxies are there to make decisions quickly for you in the event of complications. Permanent proxies are set up for more long-term care. This is usually employed when an individual goes into a vegetative state, or suffers from a debilitating mental illness.
DNR Orders
Do Not Resuscitate (DNR) Orders mean that the individual doesn’t wish to be revived if their breathing or heartbeat stops. These orders generally only apply to emergency medical professionals, doctors, and other healthcare workers. DNR instructions are signed by a doctor when put in place. DNR’s do not affect any wishes to remain on life support. DNR Orders are sometimes included within Health Care Proxy or Living Will orders. This can help inform those who would enact them of their wishes. Individuals with DNRs may sometimes wear a medical bracelet to inform paramedics and EMTs of their status. Otherwise, there is no way for the emergency medical service provider to be informed of a DNR status. When filing for a DNR, the individual can decide whether it applies only in a hospital or also out of hospital.
Advance Directives and Home Health Care
<p>When your loved one is receiving care with a home health agency, you should inform the agency of their Advance Directives. This can help ensure that their care wishes are followed in the event of an emergency. You may want your loved one’s care team to contact their Health Care Proxy in an emergency, for example. Out-of-hospital DNRs would not prevent a home health aide from calling for an ambulance in the event of an emergency. But, it would inform them not to attempt resuscitation themselves.
Safe Harbor Healthcare Services does not provide medical, healthcare, or financial advice via articles. This material has been prepared for informational purposes only. It is not intended to provide and should not be relied on for advice.
Safe Harbor Healthcare Services has provided excellent home care on Staten Island since 1967. Our services help older and disabled individuals live safely and independently while giving their families the peace of mind they need. For more information, contact us or call (718)-979-6900.
