This topic is one that I have thought about often and researched, and I have some very specific and personal thoughts, which I feel compelled to share. There is certainly a legal component, but also deep and philisophical aspects.
As part of a complete estate plan, clients will execute a Heath Care Proxy. This document appoints an agent who is
authorized to make health care decisions in the event of incapacity of the principal.
The
Health Care Proxy, however, is limited in that it focuses strictly on medical care, but
not on other wishes you may have regarding your care as you near the end of
life. It is just as important that your agent and
others close to you understand your wishes with respect non-medical
matters. It is crucial to have meaningful discussions
with those on whose behalf you will be making decisions. There are many decisions to be made that go
beyond an understanding of strictly medical matters.
Just
as important as the medical care is an understanding of what the patient wants
toward the end of life. While the
patient is still mentally competent, ask the patient: What
is your understanding of the situation and its potential outcomes? What are
your fears and what are your hopes? What are the trade-offs you are willing to
make and not willing to make? What are your priorities beyond merely being safe and living
longer? And what is the course of action that best serves this
understanding?
These
questions, and the responses to
them, help the agent and the family
understand the wishes of the patient separate and apart from the strictly
medical realm. When does a patient cross
the line from quality of life, to no quality of life? If quality of life exists, the patient may wish
to continue treatment in order to maintain that quality. Quality
of life means something different to each indivudual. Of course, the severity of the treatment must
also be considered—will the treatment be so invasive or painful that quality of
life is compromised? The decision is different for everyone, and it
is crucial to understand not only what medical procedures are to be withheld
or provided, but also to understand the patient’s fears, hopes and goals as
they progress to the end of life.
Ultimately,
everyone hopes for a good death, a death with dignity. Understanding the patient’s philosophies, fears,
hopes, goals, and how to implement those, will guide the agent and the family
when faced with making some very difficult choices. It is not only about
medical interventions, but also about the decisions one must make in respecting
the wishes of the patient. It is about
death with dignity, however defined for each individual.
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