LEGAL: About Advanced Directives

Travels through Property Law by Tom Brodersen, Esq.

About Advanced Directives

This is a controversial subject, so be warned.  I am not writing this to upset people, just to focus attention on an important issue.

We have never advised our clients to execute Advanced Directives (AKA Living Wills).  Our involvement in the Terri Schiavo case has caused us to talk to a great many doctors and nurses about those complicated issues.An Advanced Directive makes a lengthy list of decisions about specific medical treatments, long before any of the issues present themselves, very much in a vacuum.  Our point is that it is impossible to anticipate all the permutations of events and circumstances that may come together, and when they do, it will be at the worst time of your (or your loved one’s) life

Now America is confronted with the Covid-19 virus, and a basic fact is that a great many hospitalized patients wind up in intensive care.  Many of those are put on ventilators to help them breathe.

But Advanced Directives often state that patients will NOT be put on ventilators. I think most people don’t think about their temporary use, such as in treating a collapsed lung, or this pandemic.  But, if applied across the board, it means that all of those patients would just die, without doing everything that can be done to help them recover

I have tried to find out how many such patients survive, but there doesn’t seem to be reliable statistics, at least not yet.  We see patients on television nearly every day, getting discharged from hospitals after being on ventilators. There is a better way to deal with these (“end of life”) issues, and that is with a Designation of Health Care Surrogate.  It involves selecting the person who knows you best, your attitudes, beliefs, and feelings regarding how such important decisions should be made.  It should be someone strong, who can deal up-front with medical professionals, again, on the worst day of your life.  And it would not necessarily be a spouse, as a spouse is not always the most trusted person in your life.

That surrogate should first, find out the facts.  What is the real story about your situation, treatment options, and likely outcomes?  That person may need to demand a second opinion.  And he or she will have to be trusted with the ultimate decision of whether you live or die, instead of someone who is a stranger to you. It’s a tall order, but we believe, the best way to handle that delicate situation.

ANDERSON & BRODERSEN, P.A., 
350 Corey Ave., St. Pete Beach, FL  
(727) 363-6100
www.PropertyLawGroup.com

1 thought on “LEGAL: About Advanced Directives”

  1. Exactly. As a 40 to your nurse, many of those you spent as a bedside or later in critical care, I can tell you you were absolutely correct. The only DNR I’ve ever seen that makes any sense at all is, ironically, the Dr. Seuss DNR advocated by Dr. Z on his radio show. With that said, I recommend that families always get the answer to the following three questions. One. Is the disease and and stage serious illness, meaning will it cause death inevitably. Two: what does that look like when it comes through this disease. And three is there any reasonable hope of a meaningful recovery. The answers to these three questions will go to the families decision and to whether or not they need a palliative care consult. Once Palliative Care weighs in, only then can the family make an informed decision..

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