Retirement Living Sourcebook PA / DE / NJ edition | 2022

Page 52

RESOURCES

ELDER LAW

Understanding Advance Directives Protecting patient rights An advance directive is a legal document that details medical and healthcare decisions that should be made on behalf of a patient if they are no longer able to make decisions. The document has two distinct parts. The first part, sometimes called a living will, ensures that patients receive only the life-prolonging treatments they select. Life-prolonging treatments are efforts that will not cure a terminal condition but will prolong dying. They include hydration (giving water) and nutrition (giving food) by tube, machines that breathe for you, and other kinds of medical and surgical treatment. Advance directives also allow patients to name an agent to act as their decision maker if they become incapacitated. This second part of an advance directive is often called a medical power of attorney or a durable power of attorney for health care. The person named to make decisions is a “health care agent.” What happens if I cannot give my consent for treatment? That is where an advance directive comes in. Adults can sign an advance directive to make their choices about medical treatments known in advance. If you become incapacitated, doctors or other caregivers can use this document to deliver only the medical treatments you want. Advance directives also give patients the option to appoint an agent to make decisions for them if needed. What happens if I cannot make decisions and I have no advance directive? Generally, if you don’t have an advance directive—and later you can’t speak for yourself—usually your next of kin will make health care decisions for you. Even if you want your next of kin to make decisions for you, an advance directive can make things easier for your loved ones by helping to prevent misunderstandings or arguments about your care.

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The second part of an advance directive is often called a medical power of attorney or a durable power of attorney for health care. How do I select a health care agent? A health care agent can be named in an advance directive. This person has the authority to see that doctors and other health care providers give you only the type of care you want. Before naming an agent, be sure to talk with the person and confirm they are willing to accept this responsibility. Do I need a lawyer to help me make an advance directive? While you may want to consult an attorney, you do not need one to prepare either type of advance directive. To make your advance directive valid, it must be signed by you in the presence of two witnesses, who will also sign. If you name a health care agent, make sure that person is not a witness.

You should give a copy of your advance directive to your doctor, who will keep it in your medical file, and to others you trust to have it available when needed. How do I get advance directive forms? Typically, your advance directive does not have to be on any particular form. Example forms are highlighted below, but many more are available. Consumers should select one that meets their needs and reflects their values. •N ational Hospice and Palliative Care Organization (NHPCO) www.nhpco.org •A ging with Dignity www.agingwithdignity.org 800-394-9990 | retirementlivingsourcebook.com


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Medicare and Home Care ������������������������������������������

3min
page 118

Planning for Care at Home�����������������������������������������

3min
pages 116-117

Assisted Living /Personal Care Listings ��������� 90

2min
page 100

Know the Symptoms of Alzheimer’s ������������������������

3min
page 101

Introduction to Assisted Living/Personal Care ����

1min
page 90

Introduction to Independent Living ������������������������

2min
page 81

Understanding Entrance Fees������������������������������������

2min
pages 73-75

Introduction to Life Plan Communities ������������������

6min
pages 70-72

Moving and Downsizing ��������������������������������������������

3min
page 61

Accessible Home Design ��������������������������������������������

1min
pages 48-49

Understanding Advance Directives �������������������������

2min
page 52

Introduction to Aging Life Care ��������������������������������

1min
page 40

Positive Aging vs. Ageism�������������������������������������������

2min
page 58

Continuum of Care 101

3min
page 53

Financial Planning �������������������������������������������������������

3min
pages 59-60

Intergenerational Programs���������������������������������������

3min
pages 56-57

Captioned Telephone Services

3min
pages 46-47
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