IT’S YOUR CHOICE- PROTECT IT
By Carol Cerwin
Universal Advisor , 2005 Issue No. 2
The recent publicity regarding the Terri Schiavo case has brought the issue of health care decisions to the forefront of many people’s awareness, as the core issue surrounding the case was the fact that Terri’s wishes were not expressed in writing. Expanding technology has increased the treatment choices we have, and one way to make sure your wishes about medical care are carried out is to put written instructions in place now, prior to any unforeseen disasters that could render you incapable of making decisions about your own care.
Most people are familiar with the term “living will.” The focus of a living will is on what decisions should be made, not on who makes those decisions. Alternatively, a durable power of attorney for health care is a written document in which you appoint another person, known as the patient advocate, to make medical treatment and related personal care decisions on your behalf.
You may give your patient advocate broad power to make all decisions regarding care, custody, and treatment, and allow your patient advocate to make all decisions based on your best interests. However, if you have specific wishes about the care, custody, and treatment you want to receive, you should not only make these wishes clear to your patient advocate by talking to him or her, but you should also be sure to include these wishes in your health care power of attorney. Such specific wishes may govern withholding or withdrawing treatment that would allow you to die, such as providing food and/or water through tubes, or the desire to die at home rather than in the hospital. Keep in mind that the health care power of attorney isn’t just to specify treatment you don’t want but may be used to specify the treatment you do want. So if you want your life prolonged to the greatest extent possible, this is the document in which to make that desire known.
Since there are certain requirements for a health care power of attorney to be effective, a pre-printed form was developed by the Michigan State Medical Society, the State Bar of Michigan, the Michigan Health and Hospital Association, and the Michigan Association of Osteopathic Physicians and Surgeons. We recommend that you consult with your attorney about utilizing this form. If you’re interested in obtaining one of these forms, please e-mail Carol Cerwin or contact her at 248.223.3253.