In planning your end of life healthcare matters, it is important that you have an understanding of the following terms:
- Living Will
- Advance Healthcare Directive (Healthcare Directive)
- Healthcare Power of Attorney (Healthcare Proxy)
A Living Will is a very specific document that indicates your wishes to withhold or withdraw certain medical treatment if medical professionals believe death is certain to occur within a short period of time, and medical treatment would neither prevent nor delay death. By state law in Missouri, a living will cannot say anything about your wishes regarding artificially supplied nutrition or hydration (tube feeding). In Missouri, we suggest clients get an Advance Healthcare Directive, rather than just a living will.
An Advance Healthcare Directive, also known as a Healthcare Directive, is a more general document that describes your instructions to withhold or withdraw certain medical treatment if you are unable to express those instructions yourself. In addition to providing the information a living will does, a healthcare directive allows you to give broader instructions, including a request to honor your religious beliefs, or a request that medical treatment be continued for a reasonable period of time. A competent adult can always refuse treatment, but if you become unable to make your own decisions you may lose this right unless you have an advance health care directive in place.
It is, therefore, very smart to make your wishes and feelings on these issues known before you are in a situation in which you may be unable to do so. It will save your loved ones from the burden of having to guess or argue over what you would have wanted.
Your Advance Healthcare Directive works together with your Healthcare Power of Attorney (also known as Healthcare Proxy).
A Health Care Power of Attorney is a document in which you appoint a trusted family member, friend on even clergy as your agent to make decisions on your behalf. Typically, the agent does not make decisions on your behalf until one (and sometimes two) physicians certify that you are incompetent to make such decisions. The agent is guided by your Advance Healthcare Directive regarding your feelings on withholding or withdrawing certain medical treatment. For this reason, it is important to have both an advance heathcare directive and a healthcare power of attorney.
