Effective Planning for Health Care Decision-making at the End of Life Charles P. Sabatino Commission on Law and Aging American Bar Association August 2006. These slides are available at: www.abanet.org/aging/cleconferencematerials.html. Outline P. 2.
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Charles P. Sabatino
Commission on Law and Aging
American Bar Association
These slides are available at:
Outline P. 2 End of Life
I. The Legislative Landscape of Surrogate Decision-making
P. 4 - 5
II. Why Ads Have Not Worked as Well as Hoped End of Life
A great idea but:
P. 7 - 8
P. 8 End of LifeWhat ADs Can Do
2. CAN help you stop and think and DISCUSS.
3. CAN empower and give DIRECTION if reflective of the patient’s voice.
P. 8 - 9 End of LifeIII. More Effective Advance Planning
* * *
4. Engage your client. Offer a workbook approach, e.g., see Lawyer’s Tool Kit for Health Care Advance Planning (www.abanet.org/aging)
5. Give priority to appointment of Proxy.
6. Stress periodic review of one’s wishes.
7. Have you done your own advance planning?
NEW: See Making Medical Decisions for Someone Else: A Maryland Handbook. Consider adapting a version for your state.
P. 10 End of LifeDrafting Issues
3. Agent’s Scope of Authority/Discretion
See(Appellant) v. Maryland Dept. of Health & Mental Hygiene (February 25, 2002):
Often overlooked– Authority to . . .
Be sure to coordinate authority with Property DPA
4. Effective Date: immediate or springing?
5. Determining D-M Capacity
6. Treatment Instructions?
If you do include specific instructions…
P. 12 - 13
. End of Life
See Five Wishes at www.agingwithdignity.org
www.AgingWithDignity.org End of Life
P. 14 - 15
Provide a framework for review…
When any of the 5 D’s occur:
P. 16 End of LifeIV. HIPAA Issues
Access to protected health information by…
P. 18-19 End of LifeV. POLST – Beyond ADs
P. 20 - 22 End of LifeVI. Resources
We sometimes seem to act as though dying were solely the concern of the dying person. The fact is, we die, as we live, in a web of vital and complex relationships.
-- Bruce Jennings, The Hasting Center