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Medical Concerns & Issues

Are Durable Powers of Attorney for health care good for patients?

Results so far:

No
13% 20 votes Total: 154 votes
Yes
87% 134 votes
No

I have to say that I was always one to encourage people to have a Durable Power of Attorney. At least until the night my brother-in-law was treated at a hospital in the Emergency Room. The events, which transpired during that night, would prove to be questionable at the least and regrettable at best.

With a condition called Vasculitis, he had been ill for seventeen years. We felt that he may have had a mild stroke due to slurring of words periodically. He would seem fine, and then he would seem disoriented and slur his words. From the moment we set foot in that emergency room we were treated rudely and despite the history given and the close monitoring of his medications, the nurse was determined that he had overdosed on his medications.

By the end of the night, despite the directives given in his POA, she continued to treat him how she wanted. My sister stepped out of the room hysterically crying because they would not listen to her. She was gone for fifteen minutes and upon returning, she found her husband lifeless, with a doctor trying to put a tube down his throat. The nurse rushed over and pushed us out of the room, telling us it's okay; we decided to put him into a drug-induced coma. We can bring him out of it at any time.

He never wanted to be put onto life support. In ICU later that night when we asked the nurse when they were going to bring him out of the drug induced coma, she acted surprised and stated that he was not in a drug induced come. She returned with his records and reviewed what they reported from ER. He is brain dead, she stated. I am so sorry; I don't understand why they would have told you this.

He never left the hospital alive. The next day he was taken off of life support and stopped breathing immediately. The Durable POA did not serve him as it should have. The medical staff that night took it upon them selves to do as they pleased. They gave him enough medication in a ten-minute span to kill an elephant. We were later told. All of his organs shut down and they didn't even put him on life support properly.

To this day, they have not responded to our request for a report to the hospital. It was a year on December 30, 2007. Therefore, the nurse still works in the ER...even the doctor's on duty that night would not sign off on her notes. It seems to be excusable to kill someone and cover it up as long as that someone is at least fifty years old and ill to begin with. POA or not...it didn't matter to the medical staff that night.

Learn more about this author, Tina Shelnutt.
Contact this writer Click here to send Author comments or questions.

Yes

It's a good idea to have a durable power attorney for health care. For unmarried and same-sex couples they're vital as it's often the only way for the spouse to have any say in the care their loved ones receive. People who need to rely on their children or other relatives to make decisions would do better to name a POA as well.

That said, it's only a good idea if you make your wishes crystal clear and if you've chosen someone you can trust. Even with a POA, it's still best to put your wishes in writing to stave off any possible problems for the person who will be responsible for your medical decisions and to guarantee they really will be doing what you want.

It's a good idea to have a medical POA if you don't have any of the more traditional options. It's also a good idea to take it seriously, after all it's your life and well-being you're safeguarding.

Rule one:
Make sure it is well known among any relevant people in your life that there is a POA and whose name is on it. Keeping it a secret can and will become your worst nightmare if your POA has to deal with angry/upset relatives before they can deal with your needs.

Rule two:
Make sure the person who will be making medical decisions has full disclosure on any medical conditions especially medications and treatments you are currently taking. Simple but embarrassing conditions or the side effects of certain medications (or medication overuse) can be mistaken for symptoms of other very serious conditions. Your POA could waste valuable time authorizing doctors to investigate non-threatening conditions instead of treating the real problem.

Rule three:
Decide in advance whether this person will also be your POA for other matters. If your medical condition requires money up front, someone has to write the checks and without a broader scope of powers a medical POA can end up being less than useless.

Rule four:
Be realistic about whether the person you are trusting with your life is worthy of that trust. Once those papers are signed, they can act in any way they believe is in your best interest. Another person's idea of what's best for you and your specific wishes are rarely the same thing.

Rule five:
Be absolutely sure that your wishes for long term care will be respected. Get it in writing if you have to. The POA will be responsible for deciding what happens while you recover. For as long as you are incapacitated this person's decisions will have more weight with the doctors than anything you say. Just as their authority over your immediate medical needs is total, so it remains until you are back to an acceptable level of health.

Rule six:
Get it done before you get sick. Setting up a POA while incapacitated can open the door to liability for you, your POA and the doctor. A legal battle or the threat is the last thing anyone needs while trying to deal with a seriously ill relative.

Learn more about this author, Sparx.
Contact this writer Click here to send Author comments or questions.

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