{"id":1520,"date":"2017-07-18T07:54:00","date_gmt":"2017-07-18T11:54:00","guid":{"rendered":"http:\/\/www.silvercentury.org\/2017\/09\/what-a-living-will-can-and-cant-do-for-you\/"},"modified":"2018-03-30T08:35:15","modified_gmt":"2018-03-30T12:35:15","slug":"what-a-living-will-can-and-cant-do-for-you","status":"publish","type":"post","link":"http:\/\/78.142.243.82\/~silvercentury\/2017\/07\/what-a-living-will-can-and-cant-do-for-you\/","title":{"rendered":"What a Living Will Can\u2014and Can\u2019t\u2014Do for You"},"content":{"rendered":"<p>My friend Anne taught me some important things about dying.<\/p>\n<p>Anne had congestive heart failure. In January 2012 her cardiologist told her regretfully that she probably wouldn\u2019t live past the end of the month, so she went home to set her affairs in order and to say her goodbyes. She made up her mind to refuse any medical procedures aimed at keeping her alive; she\u2019d let nature take its course.<\/p>\n<p>The end of January passed. Anne was still alive, but she was weak, easily exhausted and tethered to a machine called an oxygen concentrator that helped her breathe.<\/p>\n<p>In April, a nosebleed that just wouldn\u2019t stop landed Anne in the emergency room. After getting the bleed under control, a doctor did a blood test. The result: she was so anemic that if she didn\u2019t have a transfusion, her internal organs would begin to shut down. The transfusion would be a life-saving procedure, something she\u2019d sworn she would avoid. She started to refuse it\u2014until she saw her husband\u2019s face. She agreed to be transfused.<\/p>\n<p>A few days later, she was amazed to find that she could breathe comfortably without the oxygen machine. Gradually, she regained some of her strength. In late April, she wrote to friends about how much she was enjoying \u201cthis sweet little coda to a life that almost ended this past January.\u201d She was still dying of heart failure but apparently not anytime soon. In fact, she lived for another 15 months, cramming her life with all the things she cared about most.<\/p>\n<p>I remember thinking that, if Anne had had a living will like mine and had arrived at the ER unconscious and extremely anemic, she wouldn\u2019t have been given a transfusion. My living will\u2014a fairly standard document that spells out what medical treatments I want (or don\u2019t want) if I\u2019m unable to speak for myself\u2014lists transfusions among the things I don\u2019t want done to me if I\u2019m terminally ill. She would have missed that sweet coda to her life. I almost tore up my document.&nbsp;<\/p>\n<p>But then I read an opinion piece at Next Avenue, in which Kathryn B. Kirkland, MD, a professor at Dartmouth\u2019s Geisel School of Medicine, argued that, <a href=\"http:\/\/www.nextavenue.org\/doctors-ignore-end-life-directives\/?mc_cid=653facf811&amp;mc_eid=0eb4aae38e\" target=\"_blank\" rel=\"noopener\">in some circumstances, doctors can and should reject the instructions in a patient\u2019s advance directive<\/a>. (A living will is an advance directive.) Living wills work best, she wrote, when it\u2019s clear that a patient is dying. But often that\u2019s <em>not <\/em>clear. The person might have some good months or even years ahead\u2014as Anne did when she had the transfusion. And legally, doctors <em>can<\/em> refuse to comply with your directive if they consider its instructions wrong in your situation.<\/p>\n<p>Kirkland described an 88-year-old woman who arrived in the ER struggling to breathe because her heart was failing. Her living will rejected all forms of life support when her time came, including intubation with a ventilator. But was she actually dying?<\/p>\n<p>The doctor in charge consulted the patient\u2019s daughter, who was also her health care representative, legally entitled to speak for her if she couldn\u2019t speak for herself. The doctor and the daughter agreed that the woman should be intubated\u2014despite her living will\u2014because there was a reasonable chance she\u2019d recover if she was put on the ventilator temporarily and given heart medications. And she did recover.<\/p>\n<p>I\u2019m sure some people were appalled when they read Kirkland\u2019s piece. Most of us who sign a living will assume medical professionals have to do what it says\u2014after all, it\u2019s a legal document. That\u2019s always been my assumption, and I\u2019ve sat at the bedsides of relatives whose doctors <em>did <\/em>honor their wills, no questions asked.<\/p>\n<p>But according to the American Bar Association, <a href=\"https:\/\/www.americanbar.org\/content\/dam\/aba\/migrated\/Commissions\/myths_fact_hc_ad.authcheckdam.pdf\" target=\"_blank\" rel=\"noopener\">it\u2019s not true that living wills are legally binding and that doctors have to follow them<\/a>. Mainly, these documents protect physicians and others when they withhold treatments as you\u2019ve instructed in your advance directive.<\/p>\n<p>Physicians can\u2019t simply disregard a directive on a whim. But if they believe a living will\u2019s stipulations don\u2019t fit a patient\u2019s medical situation, they don\u2019t have to follow them. They can also decline if a will\u2019s instructions go against their conscience\u2014they can\u2019t be forced to pull the plug on life-sustaining equipment, for example\u2014but in that case, they should turn your care over to someone who <em>is <\/em>willing to follow your instructions. The consequences if medical professionals fail to obey a living will are apparently minimal, though some hospitals and doctors have been sued for not following a directive and keeping a patient alive.<\/p>\n<p>I have to say that I was relieved\u2014not appalled\u2014when I learned that doctors don\u2019t necessarily have to go along with my living will. I\u2019d hate to think that something I signed years ago could rigidly determine whether I live or die.<\/p>\n<p>It seems to me that dying is even more unpredictable than living. Which means there\u2019s something we should all have that can be more important than a living will. It\u2019s a durable medical power of attorney, also known as a health care proxy. You use it to give someone you trust the power to make medical decisions for you if you\u2019re unable to make them for yourself. That person becomes your health care representative.<\/p>\n<p>My daughter is my representative. Though I don\u2019t trust the terms of my living will to dictate exactly what\u2019s best for me in a specific moment of crisis, I <em>do <\/em>trust her.<\/p>\n<p><a href=\"http:\/\/www.silvercentury.org\/polFeatures.cfm?doctype_code=Feature&amp;doc_id=711#.WSMrT-srL3g\" target=\"_blank\" rel=\"noopener\">A POLST is something else worth having<\/a>. POLST is an acronym for Physician Orders for Life-Sustaining Treatment. It\u2019s a medical order, not a legal document. Your doctor writes out the order in consultation with you (or your health care representative), usually after you\u2019ve become terminally ill. The doctor explains what your options are likely to be in the future, given your specific medical condition, and records what you want done. You can say, for example, whether you want to be given antibiotics if you develop an infection that might end your life.<\/p>\n<p>Your POLST goes along with you if you\u2019re taken to the hospital or to a skilled nursing facility after discharge from a hospital. It\u2019s more specific in its instructions than living wills usually are, and doctors are likely to honor it. It can be revised at any time if your condition changes.<\/p>\n<p>Is a living will necessary if proxies and POLSTs often work better? I haven\u2019t torn mine up. It gets across the fact that I don\u2019t want extreme measures that can only prolong the process of dying. And I believe it will protect my family. I\u2019ve known people who had to make life-and-death decisions for someone they loved when they had no idea what that person would have wanted. It\u2019s a terrible position to be in, and I don\u2019t want that for my family. I realize I also need to have conversations with them and with my doctors about my wishes. I plan to say that my condition at the time should dictate what\u2019s done to me and to tell them to interpret the will flexibly.<\/p>\n<p>Less than a third of adult Americans have an advance directive. Perhaps some people have avoided signing one because it seems too final\u2014and requires deciding now about what\u2019s to be done in a scary, unforeseeable future. They may feel better, as I do, knowing that their doctors and their medical representative won\u2019t necessarily be bound by the document if it doesn\u2019t make sense at the time.<\/p>\n<p>I\u2019m 82, and it\u2019s a comfort to know I\u2019ve done what I can to ease my own death: I have a living will, a health care representative I completely trust and, once I\u2019m close to the end, I\u2019ll want a POLST.<\/p>\n<p>Meanwhile, I need to buckle down and have those conversations about this complicated, crucial topic with my family and my doctor.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>My friend Anne taught me some important things about dying. Anne had congestive heart failure. In January 2012 her cardiologist told her regretfully that she probably wouldn\u2019t live past the end of the month, so she went home to set<span class=\"ellipsis\">&hellip;<\/span><\/p>\n<div class=\"read-more\"><a href=\"http:\/\/78.142.243.82\/~silvercentury\/2017\/07\/what-a-living-will-can-and-cant-do-for-you\/\">Read more <span class=\"screen-reader-text\">What a Living Will Can\u2014and Can\u2019t\u2014Do for You<\/span><span class=\"meta-nav\"> &#8250;<\/span><\/a><\/div>\n<p><!-- end of .read-more --><\/p>\n","protected":false},"author":4,"featured_media":1846,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"ngg_post_thumbnail":0,"_FSMCFIC_featured_image_caption":"","_FSMCFIC_featured_image_nocaption":"","_FSMCFIC_featured_image_hide":"","footnotes":""},"categories":[79],"tags":[],"class_list":["post-1520","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-blog"],"cc_featured_image_caption":{"caption_text":false,"source_text":false,"source_url":false},"wps_subtitle":"","_links":{"self":[{"href":"http:\/\/78.142.243.82\/~silvercentury\/wp-json\/wp\/v2\/posts\/1520","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/78.142.243.82\/~silvercentury\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/78.142.243.82\/~silvercentury\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/78.142.243.82\/~silvercentury\/wp-json\/wp\/v2\/users\/4"}],"replies":[{"embeddable":true,"href":"http:\/\/78.142.243.82\/~silvercentury\/wp-json\/wp\/v2\/comments?post=1520"}],"version-history":[{"count":3,"href":"http:\/\/78.142.243.82\/~silvercentury\/wp-json\/wp\/v2\/posts\/1520\/revisions"}],"predecessor-version":[{"id":3899,"href":"http:\/\/78.142.243.82\/~silvercentury\/wp-json\/wp\/v2\/posts\/1520\/revisions\/3899"}],"wp:featuredmedia":[{"embeddable":true,"href":"http:\/\/78.142.243.82\/~silvercentury\/wp-json\/wp\/v2\/media\/1846"}],"wp:attachment":[{"href":"http:\/\/78.142.243.82\/~silvercentury\/wp-json\/wp\/v2\/media?parent=1520"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/78.142.243.82\/~silvercentury\/wp-json\/wp\/v2\/categories?post=1520"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/78.142.243.82\/~silvercentury\/wp-json\/wp\/v2\/tags?post=1520"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}