How Can I Speak for Myself When I'm Physically Unable?

The worst happens and you're struck down by an accident, a heart attack or a stroke. You can't communicate with your family or your doctors and it looks like your situation is terminal. But due to advances in medicine, there are machines and methods that can keep you physically alive for an indeterminate amount of time.

What would your family do in this situation? What would you like them to do for you? How you would you like to be treated? Does your family and doctor know how you feel about this type of situation? For many people, if not most, the answer is "no."

It's Happened Before

The case of Terri Schiavo, the brain damaged Florida woman at the center of a fight over the withdrawal of a feeding tube, has brought the issue of medical decision-making to a national audience. It was only seven years ago that Virginia experienced a similar fight among family in the case of Hugh Finn, a well-known morning TV anchor who was severely brain damaged in an automobile accident and whose feeding tube was eventually removed. Given advances in life-saving medical technologies, we should anticipate that more situations like this will occur around the country in the future.

Both the Schiavo case and the Finn case have a common key issue: an inability of the brain damaged person to convey their wishes regarding their care. Neither Terri Schiavo nor Hugh Finn had an advanced medical directive that explained their views and wishes regarding the type of medical care that they would, or would not, want to receive in the medical situation that they both faced. An advanced medical directive could have saved their family much heartache, conflict, time and expense. And it could have answered the important question of what the patients would have wanted.

What is an Advanced Medical Directive?

An advanced medical directive is simply a document that sets forth a person's wishes regarding potential medical treatment that they may or may not want to have if they are unable to speak for themselves due to a medical crisis.

There are generally two components to an advanced medical directive: the appointment of a health care agent (someone who will make medical decisions on your behalf if you are not able to) and a living will (a statement of what medical treatments or care you would like to have in the event that you suffer a terminal condition or enter a persistent vegetative state).

Your health care agent, doctors and medical professionals will look to your advanced medical directive as a statement of your wishes, to make decisions on your behalf. This document should be a reflection of your beliefs and preferences, and there is no limitation on what it can include and no requirement of what it must contain.

While it is obviously difficult to consider every possible medical problem that might befall you, and then plan for what you would want done in that situation, there are certain large treatment issues that an advanced medical directive should cover. For instance, it should consider whether or not you would want to have a feeding tube inserted if it was necessary to keep you alive, or whether you want to be kept on a respirator if you could not breathe on your own, or have other machines take over organ functions for you. And, if you approve of such measures, you should specify the length of time for which you would want to receive such treatment. It should also contain instructions on the evaluation process for your medical condition – the number of doctors that should be consulted, for instance.

Once you have created an advanced medical directive, it is important to give it to your medical providers so that it becomes a part of your medical records. It is a good idea to discuss it with your physician so that he or she understands your choices and will agree to respect them. You may also want to provide your family members and your attorney with copies of your advanced medical directive. Finally, you should keep an original, signed copy at home with your important papers. An advanced medical directive can only be helpful if your care providers know it exists.

Advanced Medical Directives Empower You and Your Family

While an advanced medical directive cannot relieve all of the stress, heartache and grief that a severe medical problem can cause your family and loved ones, it can go a long way toward reducing the conflict over different approaches to medical care. Importantly, it can also help assure that the power to make these important decisions is yours, whether or not you can verbalize your wishes at the time decisions need to be made. It retains your rights to make decisions concerning yourself, rather than having the State make them for you. As much as we all hope and pray that it never will happen to us, being prepared for tragedy and illness is the responsible course of action for adults of all ages.

Learn more about Advanced Medical Directives by clicking here. Or call us today at 804-290-7990 to set up your own Advanced Medical Directive.