Power of Attorney vs. Written will

[teratos]

If you don't know the patients wishes, then the POA is speaking for the patient. If the patient has express wishes, in writing, a legal document, saying they don't want to be intubated etc., then you know the patient's wishes, and there is no need to ask anyone. Please look at the links just above the post you made. The POA should be consulted in the event the patients wishes are not known.

I have dealt with two patients who had living wills very clearly stating they do not, under any circumstances, want to be put on a ventilator. Even if it is possibly a temporary measure. In both cases, I spoke with the patients, in the presence of the POA, and they confirmed that this was the case. Their wishes were clear. Both people were chronically ill. When the patients conditions deteriorated, their POA's wanted them intubated. In both cases, I refused, citing the living will, the discussion that we had with the patient.

Here is yet another link for you:

http://www.smith-lawfirm.com/Estate.html

The paragraph that is important is:

The statutory Health Care Agent is appointed to carry out your wishes concerning important health care decisions; i.e., the withdrawal of life support. The standard power of attorney can also authorize your Attorney in Fact to make these important decisions, Conn. Gen. Stats. § 1-54a, although someone appointed under a power of attorney cannot override the wishes expressed in a statutory Living Will drawn up in accordance with §§ 19a-575 to 19a-575a. To avoid confusion or conflict, it is recommended that you provide for both an Attorney in Fact and a Health Care agent and they should be the same person. The role of the health care agent is to carry out your directions as set forth in the living will and not to make discretionary decisions on his own.

G

[microphage]

Originally Posted by mital82

sorry taratos, but i heard that power of attorney over rides the living will.

the reason they have given is that u should follow what is the last communication with the patient. and when POA talks it is considered that patient through him is talking to doctor directly.
when people make living will they r not actually aware of what situation it is like when they will need dnr or something that dreadly. so when the situation arises itself the patient has right to follow or deny what he stated earlier . so i think if he wants he can revoke his living will.and if we consider that POA is the patient himself speaking through him than we have to consider it.

please explain why this logic should be wrong.

In Kaplan, it states that the health power of attorney authorizes the person to be the voice of the patient. (just as u said) This supercedes the living will. Whether or not this is what happens in real life, I don't know.

[teratos]

Originally Posted by microphage

In Kaplan, it states that the health power of attorney authorizes the person to be the voice of the patient. (just as u said) This supercedes the living will. Whether or not this is what happens in real life, I don't know.

No, it doesn't. The POA is the voice of the patient when the patient can't make his wishes known. If the patient has a living will that is very specific, the patients wishes are known, making the POA useless. Please look at the link in my above post. G

[step2er]

Hello,
Whats your opinion about pregancy nullifying her living will.
Will it apply for all states??