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Another aspect of the national health care debate: why everyone should have advance directives
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While doing errands with the kids on Saturday, I tuned into part of the Ehrlichs’ radio show on WBAL. Not surprisingly, the health care proposals being debated in Congress were being discussed. Governor Ehrlich brought up one thing that everyone can do regardless of what form the health care legislation takes by the end – execute advance directives.
Advance directives, also known as a living will or a medical power of attorney, allow you to name a health care agent and to specify health care instructions regarding care you would like in certain medical situations, such as a persistent vegetative state or an end-stage condition caused by injury, disease or illness.
Advance directives provide the legal way to show the world what your desires for health care are under certain circumstances. When clients come to see me about drafting a will, I also recommend that they execute advance directives. I remind clients of the Terry Schiavo case, and the ensuing legal battle between her parents and her husband about her wishes. You can name your health care agent to also be your guardian without court proceedings being necessary. While nothing stops a person from seeking court intervention regarding your health care, advance directives may help determine the outcome in your favor.
Whether or not “death panels” are enacted by Congress, advance directives provide a way for you specify what, if any, life-sustaining measures you want to receive. If death panels are created, a court will have to determine their constitutionality in light of an individual’s written instructions that are contrary to the panel’s decision.
At a time when many Americans are feeling helpless and wonder what action they can take in the health care debate, advance directives may be a small way to establish some control over your own medical treatment, regardless of what Washington decides.
Dilip Paliath has a general law practice in Towson. For help executing advance directives, you can contact him through www.paliath.com.
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