Advance Directives

Article submitted by Linda Mayne, MSW, LCSW at Metropolitan Hospice.
For more information, she can be reached at 504-246-0281.

Have you thought about what kind of treatment you would want at the end of your life? Do you want to be placed on a ventilator? Have you discussed your wishes with your family?

Advance Directives allow you to state what type of care you want in the event that you cannot speak for yourself. Though this may be a difficult topic to discuss with family members, it is often much more difficult on those family members when they must make a decision as to what your wishes might be.

Louisiana Law (R.S. 40:1299.58) recognizes two kinds of Advance Directives. One is a Living Will which takes effect if you have a terminal and irreversible condition and are unable to communicate. The other type of Advance Directive is the Durable Power of Attorney for Health Care by which you designate another person to make medical decisions on your behalf when you are unable to make such decisions i.e. mentally incompetent or physically incapable.

The Living Will is a document stating whether or not you want life-sustaining treatments/procedures if you are in a terminal and irreversible condition or in a continual profound comatose state. You must sign (or have someone sign the document in your presence and at your direction if you are unable) and date the Living Will and there must be two witnesses not related by blood or marriage and not having any interest in your estate. Louisiana law does not require notarization.

The Durable Power of Attorney for Health Care (DPAHC) goes into effect when you are no longer able to make your own decisions. You should appoint someone trustworthy who knows how you feel about health care. The DPAHC must be signed by you (or have someone sign in your presence and at your direction if you are unable to sign) and dated. Required are two witnesses not related by blood or marriage or with any interest in your estate. If no witnesses are available, the DPAHC should be notarized.

Understand the information needed to make choices and discuss your decisions with your family, friends and doctors. YOU HAVE THE RIGHT.