Myths About Advance Directives
Author: Eric Warm, MD
Written advance directives are legal in every state; however, laws and forms vary state to state.
There are two types of advance directives:
Health care power of attorney (aka durable power of attorney for health care, health care agent, etc.) - a document in which the patient appoints someone to make decisions about his/her medical care if he/she cannot make those decisions.
Living will - a written document in which a patient's wishes regarding the administration of medical treatment are described if the patient becomes unable to communicate at the end of life.
The following are some common misunderstandings that create barriers to properly completed advance directives.
1. Many physicians believe it is not appropriate to begin advance directive planning on an outpatient basis. In reality, multiple studies have shown that patients want their doctors to discuss advance care planning with them before they become ill. Many others have shown a positive response from patients when advance directive discussions are held during outpatient visits.
Overcoming this barrier: When beginning a discussion of advance directives, simply ask, “Do you know what an advance directive is? Do you have one?” If you are afraid the patient may respond negatively, perhaps saying to you, “Doc, is there something wrong with me? Am I sicker than you are letting on?” respond by saying, “I ask all of my patients this question, sick or well.” Note, if your practice is in a hospital, the Patient Self Determination Act of 1991 mandates that every person be asked about advance directives when seen (inpatient and outpatient).
2. Many people believe that if a loved one has financial power of attorney, he/she doesn’t need a separate medical power of attorney. This is not true. Most often these are separate legal documents.
Overcoming this barrier: When discussing “Power of Attorney” with your patient, assess his/her understanding. Have literature in your office to clear up discrepancies.
3. Many physicians and patients feel that having an advance directive means "don't treat." Unfortunately, advance directives can be a trigger for disengagement by the medical staff.
Overcoming this barrier: Make sure your patient and staff understand that advance directives don’t mean "don't treat me." They mean, "treat me the way I want to be treated."
4. Patients often fear that once a person names a proxy in an advance directive, they lose control of their own care.
Overcoming this barrier: When explaining advance directives to your patients, make sure they understand that as long as he/she retains decision-making capacity, he/she retains control of his or her medical destiny. Advance directives only become active when a person cannot speak for himself or herself.
Many people believe that only old people need advance directives.
Overcoming this barrier: The stakes may actually be higher for younger people if tragedy strikes. Use the example of the Terry Schiavo case as a trigger to enlighten the discussion. Ask, “What would you want if you were in her situation?”
References: Aitkin PV, American Family Physician 1999;59(3):605-612 (SUPPORT) JAMA 1995;274:1591-1598 Sabatino CP, www.abanet.org/aging/myths.html, 10 Legal Myths About Advance Medical Directives http://www.eperc.mcw.edu/fastFact/ff_012.htm This article was provided by Lisa Jenkins at www.clinicalresourceservices.com
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End of Life Care: Advance Directives
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