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Advance Directives
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Advanced Directives
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Affinity Medical Center understands that many people worry about the medical care they would get if they became too sick to make their wishes known. We want to make the process as easy as possible for our patients so that they may make their wishes known.
To assist our patients with the process, Affinity offers the forms necessary for Living Wills or a Durable Power of Attorney for medical care. Patients may request these forms by contacting their nurse during their stay at the hospital. To request a Do Not Resuscitate Order, patients must contact their primary care physician.
Frequently Asked Questions about Advance Directives:
What kinds of forms are there?
Under Ohio law, there are two different forms, or advance directives, you can use. You can use either a Living Will, or a Durable Power of Attorney for medical care.You fill out an advance directive while you're able to act for yourself. The advance directive lets your doctor and others know your wishes about medical care.
What is the difference between a Durable Power of Attorney for medical care and a Living Will?
Your Living Will explains, in writing, the type of medical care you would want if you couldn't make your wishes known.Your Durable Power of Attorney lets you choose someone to carry out your wishes for medical care when you can't act for yourself.
If I don't have an advance directive, who chooses my medical care when I can't?
Ohio law allows your next-of-kin to choose your medical care if you are expected to die and can't act for yourself. If you are in a coma that is not expected to end, your next-of-kin could decide to stop or not use life support after 12 months. Your next-of-kin may be able to decide to stop or not use artificially supplied food and water.
Who can fill out an advance directive?
Anyone 18 years old or older who is of sound mind and can make his or her own decisions can fill one out.
Do I need a lawyer?
No, you don't need a lawyer to fill out an advance directive. You may decide you want to talk with a lawyer.
Do the people giving me medical care have to follow my wishes?
Yes, if your wishes follow state law. However, Ohio law includes a conscience clause. A person giving you medical care may not be able to follow your wishes because they go against his or her conscience. If so, they will help you find someone else who will follow your wishes.
By filling out an advance directive, am I taking part in euthanasia or assisted suicide?
No, Ohio law doesn't allow euthanasia or assisted suicide.
Can I change my advance directive?
Yes, you can change your advance directive whenever you want.If you already have an advance directive, make sure it follows Ohio's law (effective October 10, 1991). You may want to contact a lawyer for help. It is a good idea to look over your advance directives from time to time. Make sure they still say what you want and that they cover all areas.
Other matters to think about:
What about stopping or not using artificially supplied food and water?
Artificially-supplied food and water means you are fed and get your water by way of tubes placed inside you. Whether you can decide to stop or not use these depends on your state of health.
- If you are expected to die and can't make your wishes known,
And your Living Will simply states you don't want life-support methods used to lengthen your life,
Then artificially-supplied food and water can be stopped or not used.
- If you are expected to die and can't make your wishes known,
And you don't have a Living Will,
Then Ohio law allows your next-of-kin to stop or not use artificially-supplied food and water.
- If you are in a coma that is not expected to end,
And your Living Will states you don't want artificially-supplied food and water,
Then artificially-supplied food and water may be stopped or not used.
- If you are in a coma that is not expected to end,
And you don't have a Living Will,
Then Ohio law allows your next-of-kin to stop or not use artificially-supplied food and water. However, he or she must wait 12 months and get approval from a probate court.
The above information is not intended to be specific legal advice, but to help you understand your rights under the law. For legal advice, you may want to talk to a lawyer. For information about free legal services, call the Ohio State Legal Services toll-free at 1-800-589-5888, Monday through Friday, 8:30 a.m. to 5 p.m.
The above information was provided by a brochure entitled “You Have the Right” from the Ohio Department of Human Services.
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