Can You Spare a Liver? Health Care Directive Essentials

By: Skjold-Barthel

What would happen if you are seriously injured in an auto accident and are unable to communicate your health care wishes? Have you considered what would happen to your body after you pass away? Would you rather be buried or cremated? Most people would prefer not to think about these sensitive issues, yet have very specific ideas about what should be done.

Perhaps you have experienced the serious injury or loss of a loved one who failed to provide written instructions as to his or her individual health care preferences and post-death planning. In most instances, if the loved one has not prepared a health care directive or living will, the decisions of what medical care to administer, or not administer for that matter, as well as post-death considerations are left to relatives who often will not agree on what to do. Lacking direction, family members argue over these sensitive, yet important decisions.

A health care directive, also commonly referred to as a living will, is an instrument that informs others of your wishes about your health care. A health care agent makes decisions on your behalf if you are unable to communicate them yourself. Without a written document to memorialize your preference, you may be leaving that decision in the hands of relatives with difference perspectives on issues like life support and other health care administration options. This can lead to protracted legal battles similar to the Terry Schiavo case, potentially resulting in massive legal bills and family in-fighting.

Surprisingly, people often do not realize the depth of information you are permitted to include within your health care directive. Below is a list of available alternatives that you can communicate through your heath care directive. For example, you may wish to include:

• Your goals, values and preferences as it relates to health care including where and how you want to receive care;
• The types of medical treatment you wish to receive (or not receive);
• Instructions about life support, artificial nutrition, hydration and alternative treatments; Instructions about mental health treatment such as neuroleptic medications and other mental health therapies;
• The person you trust as your health care agent to make health care decisions for you as well as joint or alternate agents;
• The extent of decision-making power your health care agent may have;
• Instructions if you are pregnant or temporarily disabled;
• Donation of organs, tissue and eyes;
• Funeral or cremation arrangements including your preferences with respect to a burial or internment location

Your health care directive lasts as until your death or until you decide to either change or cancel it. If you do decide to change it, be sure to contact an attorney to properly amend the health care directive. An improperly amended health care directive may void your changes or the entire document.

No matter what your age or circumstance in life, by having a health care directive, you are placing your health care and post-death wishes in writing to ensure that your preferences are known and followed by your loved ones and health care providers