Put it in writing
Gregory J. Alexander
Contributing Writer
No one wants to think about what will happen in an emergency if you are unable to make health care decisions for yourself especially when it concerns potential end-of-life issues. However, as the Terri Schiavo case made clear, putting your wishes in writing is one of the most responsible things you can do, and an advance directive is just the way to do that.
In the absence of an advance directive, the Maryland Health Care Decisions Act of 1993 says that a surrogate decision maker can make health care decisions for a person who is incapable of making informed decisions. This surrogate is typically the next of kin, usually a spouse or adult child, according to Nomiki Bouloubassis Weitzel, an attorney who specializes in estate planning with offices in Bel Air and northeast Baltimore County. "Problems arise if no one person has been appointed the health care agent and for those who do not have a legally recognized spouse," says Weitzel, who adds that while a living will only addresses one's wishes, an advance directive allows you to not only assign who you want to make health care decisions for you if you are unable to do so yourself - typically called a health care agent - but also what kinds of treatments you do or don't want. "In an emergency, in absence of a "Do Not Resuscitate" order or an advance directive, the assumption is that the person wants to be kept alive through artificial means."
Weitzel says that the state's new advance directive form, which can be downloaded online, is much clearer than previous forms but does require that you sign it in front of two witnesses. The form allows the individual to address what his or her preferences are in regards to cases of terminal condition, persistent vegetative state, end-stage condition, pain relief and pregnancy. The Maryland Attorney General's Office urges individuals who have made an advance directive to carry a wallet card saying so. A sample created by the American Hospital Association is available online. In addition, Weitzel touts the nonprofit Aging with Dignity's "Five Wishes" form, which addresses medical, personal, emotional and spiritual needs.
"No one young wants to think about these life issues, but I believe as soon as you turn 18, you should make an advance directive," says Weitzel, who recommends that people consult a lawyer to ensure that they everything covered both medically and financially. "If a lawyer provides the form, he or she will have a copy on file. Also, give a copy to your health care agent, family members and keep the original in a safe deposit box. If you make changes later, make sure you get updated copies to everyone. I also recommend that you keep a copy in the glove compartment in your car in case something happens while you are traveling, as paramedics will search this area." o
For more information:
www.oag.state.md.us/healthpol/advancedirectives.htm
www.agingwithdignity.org
www.putitinwriting.org/putitinwriting_app/index.jsp
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