PERSONAL PLANNING & ADVANCE DIRECTIVES point a health care power of attor- ney. These rules are to protect you and ensure that your wishes are clear to the doctor or other pro- vider who may be asked to carry them out. Your directives must be written and signed by you while you are able to understand your condition and treatment choices and to make those choices known. All types of advance directives must be witnessed by two quali- fied people and be notarized. Are there forms I can use to make an Advance Directive?
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What is a Living Will? In North Carolina, a living will is a document that tells others that you want to die a natural death if you are terminally and incur- ably sick or in a persistent veg- etative state from which you will not recover. In a living will, you can direct your doctor not to use heroic treatment that could delay your dying, for example by using a breathing machine (respirator or ventilator), or to stop such treat- ments if they have been started. You can also direct your doctor not to begin or to stop giving you food and water through a tube (artificial nutrition or hydration). What is a Health Care Power of Attorney or health care agent? In North Carolina, you can name a person in this legal document to make medical care decisions for you if you later become un- able to decide for yourself. This person is called your “health care agent.” You can say what medical treatments you want and do not want. Your agent then knows what choices you would make. Your health care agent may also be designated in a Durable Pow- er of Attorney document. How would I choose a health care agent? You should choose someone you trust. Discuss your wishes with that person before you sign the power-of attorney form. The per- son chosen must be mentally com- petent and at least 18 years of age. How do I make an Advance Directive? You must follow several rules when you make a formal living will or ap-
destroying all the signed copies or signing another one, and by tell- ing your doctor and each health care agent about the change. To whom should I talk about an Advance Directive? You should talk to those closest to you about an advance directive and your feelings about the health care you would like to receive. Your doctor or healthcare provid- er can answer medical questions. A lawyer can answer questions about the law. Some people also discuss the decision with clergy or other trusted advisors. The Four Seasons Foundation can provide you with referrals to an attorney: 828.513.2440. Where should I keep my Advance Directive? Keep a copy in a safe place where your family members can get it. Give copies to your family, your doctor or other healthcare pro- vider, your healthcare agent and any close friends who might be asked about your care should you become unable to make decisions. What if I have an Advance Direc - tive from another state? An advance directive from anoth- er state may not meet all of North Carolina’s rules. To be sure about this, you may want to make an advance directive in North Caro- lina also. Or, you could have your lawyer review the advance direc- tive from the other state. Note: This document has been developed with in - formation provided by the North Carolina Division of Medical Assistance in cooperation with the North Carolina Department of Human Resources Advisory Panel on Advance Directives.
ADVANCE CARE PLANNING
PERSONAL PLANNING & ADVANCE DIRECTIVES Patient Self-Determination Act In accordance with North Carolina law, Four Seasons provides information concerning the Patient Self Determination Act of 1991. Four Seasons supports the competent adult’s right to make decisions regard- ing the acceptance or refusal of medical or surgical treatment in accordance with North Carolina laws. All patients will be asked if they have advance directives. The patient’s response will be documented in their medical record. The Patient Self Determination Act does not require patients to have or fill out an advance directive. It does require health care organizations to tell patients that they have the right to fill one out in accordance with existing state law. • If a copy of the patient’s advance directive is provided, it will be added to the patient’s medical record. • If a copy of the patient’s advance directive is not available, the admitting nurse will request that the patient’s family provide a copy of the advanced directive. • If the patient does not have an advanced directive in effect and would like to execute one, the patient will be furnished with the appropriate forms and given the opportunity to ask questions. Medical Care Decisions and Advance Directives – What You Should Know Who decides about my medical care or treatment?
Yes. These forms meet all of the rules for a formal advance direc- tive. Using the special form is the best way to make sure that your wishes are carried out. Your Care Team can provide you with these forms. When does an Advance Directive go into effect? The powers granted by your health care power of attorney go into effect when your doctor states in writing that you are not able to make known your health care choices. When you sign a health care power of attorney, you may name the doctor you would want to make this decision. A living will goes into effect when you are going to die soon and cannot be cured or when you are in a persistent vegetative state. What happens if I change my mind? You can cancel a living will both by destroying all the copies of it and by informing your doctor that you want to cancel it. You can change your health care power of attorney or attorney-in-fact by
Do I have to have an Advance Directive? What happens if I don’t? Making a living will, appointing a health care power of attorney, or making an advance instruction for mental health treatment is your choice. If you become unable to make your own decisions and you have no living will or a person named to make medical care deci- sions for you (health care agent), your doctor or health provider will consult with someone close to you about your care.
make or express them yourself, you will need an “advance directive.” What is an “Advance Directive?” An advance directive is a set of di- rections you give about the health care you want if you lose the abil- ity to make the decisions for your- self. There are three ways for you to make your directions known: 1. Living Will 2. Health Care Power of Attorney 3. Advance Instruction for Mental Health Treatment
If you are 18 or older and mentally competent, you have the right to make decisions about your medical treatment. You should talk to your doctor or health care provider about any treatment or procedures so that you understand what will be done and why. You have the right to say yes or no to treatments recommend- ed by your doctor. If you want to control decisions about your health care, even if you become unable to
866.466.9734
FourSeasonsCare.org
FourSeasonsCare.org
866.466.9734
Four Seasons
Four Seasons
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