As we’ve discussed here before, Minnesota law allows for the creation of health care directives, something that is similar to the living wills that are used in other states.
A recent Yahoo.com article discussed some of the problems associated with living wills. Though health care directives can be more comprehensive than living wills, many of the same issues the Yahoo article pointed out apply equally to health care directives here in Minnesota and should be understood by those considering creating one.
So what’s so bad about a living will?
The author of the Yahoo piece points out that living wills (and thus health care directives) can be a great tool for putting a person’s mind at ease about end-of-life care. Though living wills are fantastic theoretically, in practice there can be a lot of sticking points that many people either do not understand or do not take steps to mitigate. The article is not meant to dissuade individuals from taking steps to clarify their end-of-life care, but instead to encourage people to do so as thoroughly as possible. Though we’ve discussed the benefits of health care directives in the past, it is equally as important to be fully aware of the drawbacks of such documents.
The scourge of ambiguity
One of the biggest problems seen in living wills, and similarly in health care directives, is with vague language. The problem is that living wills are intended to cover a range of issues and conditions, almost all of which are unforeseeable at the time the document is drafted. By including vague language in a living will, people can paint their health care with too broad a brush. In this case, specifics matter very much. Vague language can make it difficult for doctors to know what to do and can also create tension between family members who interpret the language differently.
An example of such vague language includes when people insert broad causes saying things like no “extraordinary measures” should be undertaken if their condition is hopeless. The problem with this is that none of these terms have a commonly understood definition. What exactly are extraordinary measures? What’s hopeless? Is a 10 percent chance of survival enough to justify treatment? How about 15 percent? The only way to make an effective plan for end-of-life care is to really think through potential problems, remembering to be as specific as possible.
The problem of accessibility
A common problem with living wills and health care directives is that despite all the time and effort that went into creating them, they are frequently not easily accessed by those who need the information. Some people are understandably secretive about such documents, storing it in a safe or some other hard to find location given the sensitive information it contains. However, it’s important to understand that it does you no good to have a living will or health care directive if your family members or doctors never know that it exists.
How to combat the trouble
Trouble with vague language can be fixed by ensuring that your health care directive contains specific language about a variety of conditions. It is often helpful to get the input of a medical professional who can help ensure you are aware of some of the most common questions faced by doctors after a person has become incapacitated. Though it is impossible to create a document that addresses every possible medical condition with complete specificity, you can create a plan that is clear and avoids confusion among your doctors and family members.
To help with the trouble of accessibility it’s essential that you have a copy of your health care directive placed in the medical file at every doctor you regularly see. You can even have the document placed on file at a local hospital. Beyond making sure medical providers have access to the information, it’s critical to discuss the matter with family and friends. Make sure those closest to you know about the health care directive and where a copy can be found. After all, it would be a shame to go to so much trouble and then have your wishes ignored because no one could access the document.
An experienced Minnesota estate planning lawyer can help walk you through the process of establishing or altering a comprehensive estate plan. For more information on estate planning in Minnesota, along with a variety of other topics, contact Joseph M. Flanders of Flanders Law Firm at (612) 424-0398.
Source: “Cons of a Living Will,” by Jennifer Smith, published at Yahoo.com.
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