22 March 2005

What with the Schiavo case all over the place this past week, no time like the present to suggest to one and all that you set yourself up with a durable power of attorney for health care decisions.

Unlike a living will, the durable power of attorney designates someone to make medical decisions for you in the event that you can't. It also includes a section that, like a living will, allows you to make clear indications of what you want and don't want based on your assumed future condition and available treatment options.

The durable power of attorney does require a little more work than a living will. You'll have to have it witnessed and notarized and such, but doing this will help head off problems that could arise if you just filled out a living will and stuck it in a drawer.

NOTE: You should try to find a form specific for your state. A Google search with the terms "durable power of attorney," "health care," and your state's name should lead you to something useful. There are several sites that will try to sell you a form, though between your state bar and the helpful people at your local library, you should be able to find what you need at no cost.

(It should also be noted that nothing in this post should be construed as legal opinion or lawyerly advice. It's one guy [who is not giving you advice as a lawyer or with any guarantee of accuracy] putting out there for you to use as you see fit, as is, at your own risk.)

That being said, here are some decent links:

* The Missouri Bar offers a useful form and informational booklet, as well as a handy HIPAA waiver that will allow medical providers to discuss information with your designee.

* The University of Michigan provides this general form, as well as a link to the Michigan Bar's PDF version.

* This page from the Lifespan hospital network in Rhode Island also provides links to the proper forms and other information related to the topic.

No comments:

 Book Log Extra: New York Times 100 Best Books of the 21st Century The New York Times  took a break from trying to get Joe Biden to drop out...