Tucson Lawyers Elder Law Attorneys Advance Directives - Medical Powers of Attorney

Something To Consider

by Paul C. Moors
Published by the Oro Valley News

What steps can you take to ensure that the healthcare decisions you want for yourself will be honored if anything happens to you and you are not physically able to communicate? Under Arizona law, your spouse cannot make decisions concerning artificial administration of food or fluids unless he/she is your legal agent or guardian. The law provides two fairly simple documents you can use to make decisions now and have them carried out later.

The two documents are the living will and the medical power of attorney. The living will tells the world whether you want your life prolonged at all cost, if you want only comfort care, or if you want something in between. You choose. You can even make it dependent on the circumstances. For instance, you can ask for resuscitation if you have a reasonable prospect of full recovery, and decline it when the best that can be hoped for is an irreversible coma.

The medical power of attorney gives someone the power to carry out the wishes you expressed in the living will. That person acts as your surrogate and has the same power to make medical decisions as you would have if you were able to communicate. Is there a danger in using the power of attorney? Certainly. Some forms apply only in limited situations. Powers of attorney must be worded properly or they expire just when you need them. If your power is given to someone else, there is the possibility that they will misuse it. But, those dangers can be reduced by care in drafting it and in choosing someone you trust.

Before taking action, decide what you want. Do you want full-blown intensive care in every case? Do you want to be free of machines and let nature take its course? Do you want to be pain-free only? Once these questions are answered, protect your wishes.

With a health care directive, your surrogate is required to make decisions for you in accordance with your stated wishes. Be sure those wishes are clearly stated and cover all areas that concern you. Always consult your doctor. Some physicians do not honor such a directive. Find one who will.

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