POWERS OF ATTORNEY AND LIVING WILLS

HEALTH CARE DIRECTIVES

In Kentucky, competent adults, 18 years of age or older, have the right to decide what medical care or treatment to accept, reject, or discontinue. You have the right to make your wishes known to your doctor, hospital, or other health care providers. Unfortunately there are many times when an individual cannot make their wishes known to their health care provider because they are unconscious, incompetent, or physically or mentally unable to communicate their health care instructions.

Health Care Directives are prepared in advance in writing so that an individual can make a legally valid decision about their future medical care. There are two types of medical care advance directives: 1) a Living Will; 2) a Durable Health Care Surrogate Power of Attorney.

A Living Will expresses an individual’s wishes concerning future health care. It normally only takes effect when an individual is terminally ill and the document expresses the wishes not to have life prolonged by artificial means. In Kentucky hydration and nutrition can also be withheld or withdrawn.

A Health Care Surrogate Power of Attorney appoints a person to make decisions if the individual cannot make those decisions for themselves. Any individual that is an adult can be appointed. Obviously it should be someone in whom you have complete trust and confidence and who knows how you feel about your future health care. The health care surrogate will be able to make all treatment decisions to include authorizing, refusing, or withdrawing treatment, even though it means that the individual may die. More than one health care surrogate may be appointed to act jointly with each other and alternates may also be appointed if the health care surrogate themselves become incapacitated or dies before the individual giving the Power of Attorney passes away.

The Health Care Surrogate Power of Attorney is much more flexible than the Living Will and is a living breathing document because an actual person makes the decisions. A Living Will is simply a piece of paper that states your wishes but does not designate any person to make those decisions for you. It is more likely that a Living Will can be misinterpreted and litigated due to the fact that the words may not explain every situation that the person finds themselves in medically.

All hospitals are required by Federal Law now to ask and obtain from an individual a health care directive. All individuals regardless of age should have health care directives because serious medical problems can occur at any age, especially when accidents are involved.