SOME DEFINITIONS Durable Power of Attorney Patient Advocate Living Will Last Will and Testament Living Trust Durable Power of Attorney for Finance Do Not Resuscitate Order Physician Orders for Life Sustaining Treatment (POLST)
THE TRIGGERING EVENT The Patient becomes unable to make decisions about his or her medical or mental health care. Incapacity can be permanent or temporary
INCAPACITY DETERMINATION The determination must be made by two licensed professionals Must be in writing and made part of medical record Religious objections to examinations should be in the designation HIPAA considerations
THE PATIENT ADVOCATE Makes those decisions the Patient would make Patient Advocate must adhere to Patient’s expressly stated wishes Power to withhold or withdraw treatment Power to withhold or withdraw food and water Organ donation
WHO TO NAME AS PATIENT ADVOCATE Someone you trust Spouse, child, friend Can I name more than one Patient Advocate?
FORMAL REQUIREMENTS Age 18, competent In writing Signed and dated Eligible Adult Witnesses Part of Patient’s medical record Power not to be exercised until Patient is unable to participate in decisions Formal acceptance by Patient Advocate
REVOCATION OF DESIGNATION Written Revocation Physical Destruction of Document Oral Revocation
MENTAL HEALTH DECISIONS What does it cover? Waiver of the right to revoke as to mental health treatment decisions
WHAT CAN I DO? TAKE ACTION Make Designation of Patient Advocate part of your overall estate plan Contact an attorney
Presented by: HOWARD H. COLLENS GALLOWAY AND COLLENS, PLLC 26075 WOODWARD AVENUE SUITE 200 HUNTINGTON WOODS, MICHIGAN 48070 (248) 545-2500 GALLOWAYCOLLENS.COM Howard@GallowayCollens.com Twitter: @howardcollensDisclaimer The content of this handout and the accompanying presentation are for informational purposes only. The information presented does not create an attorney-client relationship and is not intended to provide legal advice. As the law is constantly evolving and each case is fact specific, you should contact a qualified attorney to review and analyze the facts and law as they relate to your individual circumstance.