March 31, 2005

Families Should Discuss Living Wills or Power of Attorney

Talking about your health-care wishes, if you should become incapacitated or seriously ill, is difficult, according to Debra Pankow, North Dakota State University Extension Service family economics specialist. The recent media attention to the Terri Schiavo case offers families the opportunity to discuss these matters.

The Patient Self-determination Act is a federal law that requires health-care providers to educate their patients and the community about issues related to advance directives for health care. However, the law does not require people to execute either a living will or a durable power of attorney for health care.

A living will is a document that permits you to decide whether you want life-prolonging treatment or nutrition and hydration (artificial food and water) started or continued after you have a terminal condition. In North Dakota, a living will is called a “declaration relating to the use of life-prolonging treatment.”

To complete a living will:

• Use the appropriate form.
• Make certain you sign your living will and have it properly verified.
• Give a copy to your doctor and other health-care providers. You also may want to give a copy to others, such as a close family member or attorney.

“A durable power of attorney for health care is a document that allows you to appoint someone (know as your agent) to make medical decisions for you if you lack the capacity to make your own,” Pankow says. “Your health-care provider, a non relative who works for your health-care provider, a long-term care services provider or a non relative employed by a long-term services provider is not allowed to serve as your agent.”

To complete a durable power of attorney for health care:

• Use the appropriate form.
• Carefully select the person you want to act as your agent and/or alternate agent.
• Tell your agent what kinds of health care decisions you want your agent to make on your behalf.

The North Dakota Legislature has approved two forms of advance directives: A living will and a durable power of attorney for health care. In addition, the state has an informed health-care consent law, which authorizes others to make health-care decisions for you if you are a minor or unable to make your own medical decisions.

For more information and North Dakota forms, see the publication “Making Health Care Decisions in North Dakota” at www.state.nd.us/humanservices/info/pubs/docs/making-healthcare-decisions-in-north-dakota.pdf.

The North Dakota Department of Human Services, long-term care ombudsman program provides the publication.

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Source: Debra Pankow, (701) 231-8593, dpankow@ndsuext.nodak.edu
Editor: Rich Mattern, (701) 231-6136, richard.mattern@ndsu.edu

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