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Health Care Directives
With today’s medicine offering extreme life-saving measures and resulting issues of viability of life, the news regularly carries stories about families in turmoil over long-term care issues.
Have you thought about what level of care you would want in the event you are incapacitated? Have you discussed it with your family? Are you confident they know what you would want? You can ensure they will carry out your wishes, and remove burden of decision from them by preparing a health care directive.
The health care directive is an authorization you give in advance about the level and kinds of health care you would or would not want if you cannot or choose not to communicate for yourself. The directive gives you the power to name someone to make decisions for you or leave written instructions to guide others in making decisions or a combination of both.
Specifically, a health care directive is a legally binding document that helps you communicate:
- The person you want to make care decisions for you when you can't
- The kind of medical treatment you want or don't want
- How comfortable you want to be
- How you want people to treat you
- What you want your loved ones to know
The best health care directive talks about your personal, emotional and spiritual needs, as well as your medical wishes. It should easy to complete form and let you say exactly what you want. Once it is filled out and properly signed, it is valid under the laws of most states, including Minnesota.
Why have a health care directive?
Health care providers will listen to what people close to you say about your treatment preferences, but the best way to be sure your wishes are followed is with an HCD. And the best time to create one is when you are healthy.
Since August 1998, this single document has been accepted to replace living wills, durable health care power of attorney and mental health declarations. Now all of these legal issues can be handled by one document.
Who should fill out a health care directive?
Anyone who is concerned about how they would be cared for in the event of a serious illness or injury. All people 18 and over may file a directive.
How do I select an agent?
This person may, or may not, be your closest family member, such as your spouse or child, or a good friend. It is important that you talk through the issues with the person you wish to ask to make decisions on your behalf so you know they are in agreement carrying out your wishes. They are legally bound by your directive, but it is wise to make sure they are comfortable.
How often do you update a directive?
The directives do not expire, but you should review them periodically to make sure they still fit your needs. Also, check your health care provider’s policy regarding renewal of directives.
What if I travel and something happens?
The Minnesota-approved directive is legal in 40 states. If you travel frequently to another location, or live in another state part of the year, you should check the laws in that state for the legality of your Minnesota health care directive. It is also wise to carry a copy with you on trips, and to file one with your secondary health care provider in your summer/winter residence state.
Who do I tell about my health care directive?
You decide who may see it. You should tell your health care provider, one or more members of your immediate family or close friends, and your attorney. You should also provide a copy to the agent you select to speak on your behalf.
You may also wish to talk with your pastor about your wishes, so he is equipped to help your family understand your decisions.
Where do I get a health care directive form?
Forms are available from most medical providers, such as Healtheast (their Five Wishes is exceptional, but they charge for copies) or Fairview or in the information rack outside the Life Planning Ministries office downstairs.
If I have other questions, who do I ask?
You may direct questions to Life Planning Ministries. While we may not have the answer, we will research the answers for you, or go with you to talk with a health care provider to provide answers. If your questions are regarding religious beliefs in health care directives, speak with your pastor.
For personal assistance contact Life Planning staff at Woodbury Lutheran, 651-739-5144, ext. 236. Watch for upcoming seminars in life planning issues sponsored by Life Planning Ministries.
For more information on Life Planning Ministries, contact Vicki Strong, Director, 651-739-5144, ext. 236.
Life Planning Ministries is funded by a grant from Thrivent Foundation for Lutherans.