| March
25, 2005© |
Paul J. Breaux completed
Pharmacy School in 1965. After practicing pharmacy
for several years, he entered L.S.U. Law School,
graduating in 1972, and he has practiced law since
then. His practice is located in Lafayette, Louisiana. |
"Advance medical directive" is the name
given to personal planning tools such as living will
documents and health care powers of attorney.
An advance medical directive contains decisions made
by you and made now, not by
someone else and in the future, as to medical care and
medical treatment you want for health conditions that
might occur in the future ? decisions you make and make
while you can, not decisions others make when you cannot.
In documents such as these, you describe exactly which
medical treatments you do not,
and which you do, desire in
the event you become unable to make your wishes known
at some point in the future. The decisions you make
are never irreversible, because advance medical directives
can be cancelled, or changed, at any time and any number
of times, provided a person has not become mentally
incompetent.
Benefits. Some of the benefits of
using an advance medical directive include being able
to outline ahead of time treatments you may, or may
not, want to allow, such as:
 |
Intravenous therapy |
 |
Cardiopulmonary Resuscitation (CPR) |
 |
Do Not Resuscitate (DNR) |
 |
Feeding tube |
 |
Respirator |
 |
Other life-sustaining procedures |
It also allows you to empower someone chosen by you,
not a court, to make medical decisions for you when
you no longer can.
Living Wills. Since 1997, Louisiana
Law has recognized that a person has the fundamental
right to control the decisions relating to his own medical
care, including the decision to have life sustaining
procedures withheld when he has been diagnosed as having
a terminal and irreversible condition. In a living will,
the most common advance medical directive, a person
can refuse all death-delaying procedures, or can request
all such procedures.
It is important to note that even with a living will,
life-sustaining procedures will not be withheld unless
and until the patient is diagnosed and confirmed as
having a terminal and irreversible
condition by two physicians who have examined the patient,
one of whom must be the patient's treating physician.
Durable Health Care Powers of Attorney.
The health care power of attorney (called by some “health
care proxy”) tells your physicians that you have
designated someone else to express your health care
wishes or make health care decisions for you. This will
best be, of course, a person who knows of your wishes
and something of your values and preferences and someone
in whom you have faith and confidence.
Under Louisiana law, a power of attorney for health
care must be express, and thus written. In other words,
a power of attorney you may have given someone to engage
in banking or other financial transactions does not
give that person the power to make health care decisions
for you. The Louisiana Civil Code states that “[a]uthority
must be given expressly to … [m]ake health care
decisions … .”
* * * * *
People of all ages, young persons as well as the elderly,
should consider these personal planning tools. Advance
medical directives can be very useful and, because they
can be canceled or change, a person should not be at
all uncomfortable with them.
|