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Have You Made Your Healthcare Decisions? |
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by John |
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After many years of nagging my older parents to get their healthcare decisions documents in place, I received a pleasant surprise on my last visit home. Actually, it felt more like a true gift. They each gave me a copy of their advance directives. I asked them “what made you get these done?”
They said that it was due to an effort at their regional hospital that prompted them to act—not my nagging! With this in mind, I want to urge you to act on April 16, 2011, National Healthcare Decisions Day. The ongoing mission of this now 4th year annual effort is to make sure that ALL adults with decision-making capacity have the information and opportunity to communicate their healthcare decisions. Hurley Elder Care Law continues to enthusiastically join in the national effort to prompt you to complete your advance directive for healthcare today. |
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Allowing an individual’s true wishes to be known is the objective of National Healthcare Decision Day.
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In recognition of the fact that fewer than 25% of all Americans have an advance directive, National Healthcare Decisions Day strives to provide much-needed education to the public. To illustrate the need for advance directives, let me relate a story that I recently heard:
There was a serious automobile accident involving a twenty-six-year-old man,
who was engaged to his high school sweetheart. The man’s father had died
when he was a boy, he had no living grandparents, he was an only child of only
children, and he had been estranged from his mother since high school. He had
to be placed on a ventilator and after extensive testing it was determined that he
had minimal brain activity.
Decisions had to be made regarding his medical condition and he had no advance directive for healthcare. The only person who legally could make the healthcare decisions for him was his mother, the person he had not spoken with for over nine years. His fiancé, who had been by his side for his entire adult life, could not make healthcare decisions for him. Since she was not his spouse, she had a lower priority under the Georgia “next-of-kin” law than his mother. The “next-of-kin” law, codified at O.C.G.A. section 31-9-2 states that the following persons can make medical decisions for adult patients who do not have capacity to decide for themselves in the following order of priority: (a) any adult child for a parent, (b) any parent for an adult child, (c) any adult for a brother or sister, (d) any grandparent for a grandchild, (e) any adult grandchild for a grandparent, (f) any adult niece, nephew, aunt, or uncle in the first degree, or (g) an adult friend. Also under this law, an advance directive for healthcare has priority over any family relationship.
Allowing an individual’s true wishes to be known is the objective of National Healthcare Decision Day. With healthcare, “your decisions matter.” However, others need to know your wishes in order to honor them and the best way to accomplish this goal is to put those wishes in writing. There are no wrong answers when thinking about healthcare choices and completing an advance directive. An advance directive is a communication tool that assists people in making their preferences known in serious, potentially life-limiting situations. Advance directives serve as an advocacy tool allowing people to state their treatment preferences for the benefit of their families and physicians. Finally, advance directives are a counseling tool for supporting and guiding family members in making decisions during stressful medical situations.
The current Georgia Advance Directive for Health Care became law on July 1, 2007. The document contains four parts:
The first part allows for the appointment of a healthcare agent to make healthcare decisions. A physician or healthcare provider who is directly involved in your care may not be named as your healthcare agent. In addition to naming a decision-maker, you can name a person who will make decisions after one’s death with respect to an autopsy, organ donation, body donation for medical study, and final disposition of the body.
The second part of the document allows for written choices regarding when an individual wants treatment or no treatment.
The third section of the document allows for the nomination of a guardian in the event a court decides that one should be needed. The fourth part of the document handles the formalities of the signing.
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Share your healthcare wishes and have your advance directive for healthcare put in writing because . . . YOUR DECISIONS MATTER.
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The Georgia Advance Directive for Healthcare does not require execution in the presence of a notary public. Instead, two witnesses in the presence of the individual must sign it. Neither of the witnesses can be a person who: (a) will serve as the healthcare agent, (b) will inherit anything or knowingly have a financial gain from the death of the individual, nor, (c) is directly involved in the individual’s care. Also, only one of the witnesses may be an employee, agent, or medical staff member of a facility where the individual is receiving care.
The greatest concerns that many people have are not being a burden to family or friends, losing control, or being in pain. Nevertheless, many people are reluctant to put their healthcare decisions in writing. We generally find that the reason an advance directive has not been created is because families have never taken the time to talk about it; therefore, the wishes of their loved ones are not known. Unfortunately, when the time comes to discuss these healthcare wishes, in many cases the families are dealing with an immediate medical crisis.
Typically, families are attempting to cope in a crisis without the necessary information to make informed healthcare choices for their loved one. All of this unnecessary stress is removed when an advance directive for healthcare is put into place. Usually, I suggest that an original executed advance directive for healthcare be stored in a safe place like a waterproof, fireproof lockbox in a home, or at a banking facility. Copies of the executed advance directive for healthcare should be provided to the named healthcare agent as well as to all doctors’ offices. Also, make sure the named healthcare agent knows where the original document is being stored and has access to retrieve it, if necessary. If a person resides in an assisted living facility or nursing home, a copy of the advance directive for healthcare should be part of their files. Electronic storage methods like a CD or flash drive are also extremely efficient ways to retain copies of the document.
It is your decision as to whether additional stress will be added to those who will have to make important medical decisions for you in a medical crisis when you cannot do so. This type of situation emphasizes the importance of reaching out to your family or friends and expressing your healthcare wishes to them so that everyone understands what you want when the time comes. Please use National Healthcare Decisions Day on April 16, 2011 to join Americans across the country in making your healthcare decisions known to family, friends and healthcare providers. Share your healthcare wishes and have your advance directive for healthcare put in writing because . . . YOUR DECISIONS MATTER. Learn more about National Healthcare Decisions Day and get additional information at www.nhdd.org. To get a version of the Georgia form click here . |
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Family Business
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Spring Break 2011 is still in full swing here at Hurley Elder Care Law. The McSweeney family is at the mouse’s house in Orlando and lucky Michelle is in Europe on a school trip with her husband. We are excited to report that Dawn is back to work after her medical leave. She is fighting fit and looking better than ever. The rest of us are trying to make it through another pollen filled spring in Georgia. |
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 Miles Hurley
Miles Hurley is the founding partner of Hurley Elder Care Law, which was created to provide comprehensive legal solutions for families with age- related events.
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Continue reading » |
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| 5/10/2011 – Smyrna Towers Health Fair |
| 5/11/2011 – Cobb Senior Services Information Fair 2011 |
| Miles Hurley Presents: |
| 3/14/2011 – Speaking to Embracing Hospice Social Workers |
| 3/15/2011 – CEU at Piedmont Hospital |
| 3/22/2011 – VA Benefits In-Service at Somerby |
| 4/4/2011 – Meet with the staff at Golden Living Kennestone |
| 4/12/2011 – Speaking to NORC at Zaban Tower |
| 4/19/2011 – Speaking to the families at Atria of Buckhead |
| 4/21/2011 – Speak at the Church of the New Covenant Senior Luncheon |
| 4/27/2011 – Wesley Woods In-Service |
| 4/28/2011 – Speaking at Jonesboro Baptist Church |
| 4/28/2011 – Speaking at Governor's Glen Assisted Living |
| 4/28/2011 – Speaking at Governor's Glen |
| Miles Hurley and Anne McSweeney Present: |
| 4/8/2011 – NICM/ACMA Conference |
| 5/17/2011 – Care Transitions Work Group - CEU |
| Michelle Allen and Anne McSweeney Present: |
| 4/14/2011 – Lunch and Learn at Peachford |
| Danielle Cefalu Presents: |
| 4/2/2011 – AAUW Event in Warner Robins |
| 4/29/2011 – NICM/ACMA Conference |
| Michelle Allen Presents: |
| 4/29/2011 – Family Meeting at Roswell |
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For event details and more information, click here. |
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