Advance Directives
What is an Advance Directive?
Advance directives are legal documents that enable people to plan for and communicate their wishes about end-of-life care when they are unable to do so. In Minnesota, the Minnesota Health Care Directive is a document that includes a person’s wishes about medical treatments and interventions during illness or injury and or the use of life-sustaining medical treatments at the end of life. The purpose of a Health Care Directive is to direct your family and the health care professionals (nurses, physicians, and social workers) in the treatment choices of a person that is unable to speak for him or herself due to illness or injury. A durable power of attorney for health care allows people to appoint someone to make medical treatment decisions on their behalf.
Both types of documents are critical to ensuring that a client’s wishes are respected. In Minnesota, the health care directive and appointment of a durable power of attorney for health care may be included on one form. The durable power of attorney for health care can make decisions about treatment and care for a client during an acute illness, a chronic illness or specifically at the end of life when the client is not able to speak for him or herself.
A proxy decision maker is someone who makes medical decision when a client is not able to do so. This may be someone the client has chosen, or whom the state has designated or appointed such as a guardian or conservator.
Why should I prepare a written advance directive?
The best time to think about the care you would want or do not want is when you are able to decide for yourself. At a minimum, discussing your wishes with your family allows them information that may assist them in speaking for you should you not be able to due to an injury, incapacitation, or terminal illness.
Persons over the age of 18 are encouraged to write down their wishes to allow a more formal guideline for an agent(s) to follow. While there is not a specialized form required in Minnesota, examples of forms that meet the requirements of the law are available for any client available at the Minnesota Board on Aging web site at www.mnaging.org/advisor/directive.htm , the Five Wishes http://www.agingwithdignity.org/5wishes.html or comparable form from your health care provider. If you have completed an advance directive, it is important your physician, health care proxy, hospital, nursing home, hospice, home care, and clinic receive a copy.
Can I change my advance directive?
It is important you periodically review your health care directive and revise it as your treatment wishes and choices for your decision maker may change. You may change or cancel your advance directive at any time by informing your physician of those changes orally, but it is better to do it in writing. When changing or updating your advance directive, it is important to distribute new copies to all the parties that had a copy of the original directive.
Will my advance directive be honored?
Health care professionals are required to request a copy of your health care directive. Upon reviewing your written or verbally shared wishes, they are responsible to act with “reasonable medical practice” in accordance with your directive. It is important that you discuss your health care choices with your physician and health care provider after developing your document and with any subsequent changes. Be sure your health care providers have your most recent document.
Minnesota law does not condone or authorize euthanasia, suicide, or assisted suicide. Therefore, any requests of this nature will not be honored. State law requires that oral food and water be given to a patient who accepts them. Relief of pain and control of suffering must be offered.
Who will speak for me if I am incapacitated or terminally ill and my physician has a question about my advance directive?
The agent you have designated in your advance directive will be consulted. If your agent declines to help or is unavailable, an alternate agent or family member will be contacted. In the selection of your agent(s) consideration should be made on the availability, emotional and physical health, and the representation they will be able to make of your expressed and/ or written wishes.
Where can I find additional information including Minnesota specifics?
Your physician and your health care providers have knowledgeable staff and educational information that will be helpful to you. You may want to call and make an appointment with your physician to discuss your wishes.
La Directriz Sobre Asistencia Medica de Minnesota
Download a health care directive in Spanish from Hospice Minnesota here. Descargue La Directriz Sobre Asistencia Medica de Minnesota aqui.
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