Death with Dignity
Kurtz & Peckham lawyers can help you draft a “living will” or “advanced
medical directive” that allow you to express your wishes about limiting
medical measures that should be taken to save your life. Please see our
section explaining Living
Wills.
Advanced Medical Directives
Compassionate Care
Kurtz & Peckham can help ensure that
your wishes are followed by health care
providers.
Planning for your
health care in the event that you become unable to make decisions can be
a very confusing process. Kurtz & Peckham has
the experience and knowledge necessary to assist you in planning your
health care decisions in advance.
At Kurtz & Peckham, we will:
-
take time to discuss your needs
-
help you make informed choices based on your own belief systems and
personal values
-
help you give comprehensive and individualized instructions for others
in the event you cannot make health care
decisions
-
carefully craft documents to ensure that your individual needs and
wishes will be respected
-
explain the differences between the various types of directives and
tailor documents to fit your individual needs.
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Introduction to Advanced Medical Directives
Kurtz & Peckham can help you and your loved ones
prepare the advanced medical directives that fit your needs.
Advanced medical directives are legal documents
in which patients express their wishes about the kind of health care they
want to receive should they become unable to make their own treatment
decisions.
Advanced directives are a step forward in patient
self-determination. For them to work, you need to consult with your family
doctor and with your family or friends about what your wishes are so that
they will know your wishes when dealing with medical personnel.
The primary types of advanced directives are the
living will and
medical durable power of attorney.
The Living Will:
This is a written document that specifies what types of
medical treatment are desired if you become incapacitated as a result of a
terminal condition. The living will only deals with situations in
which two doctors can agree that the patient is terminally ill or has a
non-curable condition.
Individuals generally use the living will to instruct
relatives and physicians not to use extraordinary efforts to prolong their
lives through artificial means in the event of a terminal condition.
The medical durable power of attorney applies to all
situations that are not covered by the specific instance covered by the
living will. It could include a situation as simple as being temporarily
unconscious after a bike accident or as ethically complex as determining
when or whether to use life support systems of any kind.
Through this type of advanced directive, you name
someone else (called an
"agent"
or "attorney in
fact") to make
health care decisions for you pursuant to your wishes.
This is different from a
general durable power of
attorney, which allows an individual to make bank transactions, sign
Social Security checks, apply for disability, or simply write checks to pay
the utility bill while an individual is medically incapacitated.
