PERSONAL PLANNING & ADVANCE DIRECTIVES
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Are there forms I can use to make an Advance Directive? Yes. These forms meet all of the rules for a formal advance directive. 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 at- torney go into effect when your doctor states in writ- ing that you are not able to make known your health care choices. When you assign 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 destroying all the signed copies or signing another one, and by notifying your doctor and each health care agent. Who do I talk to about an Advance Directive? You should talk to those closest to you about an ad- vance directive and your feelings about the health care you would like to receive. Your doctor or health- care provider can answer medical questions. A law- yer 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 mem- bers can get it. Give copies to your family, your doctor or other healthcare provider, 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 Directive from another state? An advance directive from another 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 Carolina or have your lawyer review it.
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 decisions for you (health care agent), your doctor or health provider will consult with someone close to you about your care. 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 incurably sick or in a persistent vegeta- tive state from which you will not recover. In a living will, you can direct your doctor not to use heroic treat- ment that could delay your dying, for example by us- ing a breathing machine (respirator or ventilator), or to stop such treatments if they have been started. You can also direct your doctor not to begin or to stop giv- ing you food and water through a tube (artificial nutri- tion 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 unable 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 Power of Attorney document. How do 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 person chosen must be mentally competent 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 appoint a health care power of attorney. These rules are to protect you and ensure that your wishes are clear to the doctor or other provider who may be asked to carry them out. Your directives must be written and signed by you while you are able to un- derstand your condition and treatment choices and to make those choices known. All types of advance direc- tives must be witnessed by two qualified people and be notarized.
Advance Care Planning Personal Planning & Advance Directives
• 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 pa- tient’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 Patient Self-Determination Act In accordance with North Carolina law, Four Seasons provides information concerning the Patient Self De- termination Act of 1991. Four Seasons supports the competent adult’s right to make decisions regarding 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.
Who makes decisions about my medical care or treatment? If you are 18 or older and mentally competent, you have the right to make decisions about your medical treat- ment. You should talk to your doctor or health care pro- vider about any treatment or procedures so that you un- derstand what will be done and why. You have the right to say yes or no to treatments recommended by your doctor. If you want to control decisions about your health care, even if you become unable to make or express them yourself, you will need an “advance directive.” Note: This document has been developed with information provided by the North Carolina Division of Medical Assistance in cooperation with the North Carolina De- partment of Human Resources Advisory Panel on Advance Directives.
What is an “Advance Directive?” An advance directive is a set of directions you give about the health care you want if you lose the abil- ity to make the decisions for yourself. 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 What happens if I don’t have an Advance Directive? Making a living will, appointing a health care power of attorney, or making an advance instruction for mental
866.466.9734 • FourSeasonsCare.org
866.466.9734 • FourSeasonsCare.org
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