| Q: Why should I be concerned
about making advance directives for my healthcare?
A: Accidents happen to people of all ages. You could
suddenly become incapacitated by an accident or illness, or by a condition
that could gradually (or sometimes quickly) lead to your loss of decision-making
capabilities.
Q: Do I have a right to direct my care?
A: Whether you are conscious and able to communicate,
or unconscious and unable to communicate, you have two basic rights regarding
medical treatment. First, you have the right to have the situation clearly
explained to you or your surrogate. Second, you have the right to decide
what healthcare you will receive, or will refuse.
This does not mean a doctor or a hospital must follow your instruction
if they believe it is seriously wrong. They may notify you that they are
unwilling to abide by your instruction. If you insist, it is the physician’s
responsibility to find doctors and a hospital that will agree to follow
your instruction.
Q: What information do I need to make good healthcare
decisions?
A: In order to make a reasonable decision, you have a
right to the following kinds of information:
- Your doctor’s diagnosis and prognosis of your medical condition.
- What tests might determine the causes, or possible causes of your
condition?
- What treatment alternatives are available, including experimental
or risky treatments that might be helpful?
- What risks and benefits are involved in the different treatments?
- What are the consequences of not having treatment?
- What does your doctor recommend?
- What are the expected costs and other burdens of proposed tests and
treatment?
Q: How can I influence my care if I am unable
to decide for myself or I am unable
to communicate?
A: It is important you communicate clearly, in advance, what
you would want if you should become unable to make or communicate decisions.
In such situations, your reasonable directives should be followed if they
are known.
In an emergency (and unless they know you would refuse care), healthcare
professionals will do what they believe is necessary to save your life
or prevent serious injury if you are unconscious. For adults, healthcare
professionals will in many circumstances accept the reasonable directions
of a spouse, an adult child or a surrogate. When the family disagrees,
either someone in the family or the healthcare provider may ask a court
to appoint a legal guardian to make decisions for you. For children, parents
or a guardian usually make decisions about treatment.
Q: How can I communicate my wishes regarding healthcare?
A: There are two major instruments that can be executed
under Texas law in order to have a person’s desires regarding medical
treatment made known, in the event that the person is later unable to
make such decisions.
The first is the Directive to Physicians under the Texas Natural
Death Act. This is also known as the “living will.”
It allows a person to tell physicians to withhold or withdraw life-sustaining
procedures in the event of a terminal condition. It also allows a person
to designate another individual to make treatment decisions if the person
becomes comatose or incompetent (mentally or physically incapable of communication).
The second instrument is the Medical Power of Attorney.
This special power of attorney allows a person to appoint an individual,
and as many alternates as desired, who will be authorized to make any
healthcare decision on behalf of the person granting the power of attorney
(called the Principal), if the person (i.e., Principal) later lacks the
capacity to make healthcare decisions for himself or herself. This allows
a person to select, in advance, those persons he or she would want to
make healthcare decisions in the event he or she later becomes incompetent.
Q: Does the Church offer guidance for making treatment decisions?
A: The Church, both Roman Catholic and United Methodist,
teaches that all life comes from God and that all human beings are created
in the image and likeness of God. This gives human life its special meaning.
But, Church teaching also recognizes that death is an inevitable part
of life and is a transition to eternal life.
Church tradition also recognizes and respects reasonable individual autonomy
- the right and responsibility of each person to make reasonable treatment
choices. This includes choices to refuse or to discontinue life-sustaining
treatment that is ineffective and/or overly burdensome. It is ethically
acceptable to discontinue medical treatment when the burden of the treatment
outweighs the benefit. The Church recognizes that a refusal to begin or
continue excessively burdensome treatment is not the same as suicide.
On the contrary, such a decision is considered an acceptance of the human
condition, a wish to avoid treatment that is out of proportion to the
expected results, or a desire not to impose unnecessary agony and burden
on the patient, family or even the community.
Finally, the Church teaches that it is very important to protect at the
moment of death both the dignity of the human person and the Christian
concept of life.
This Web site cannot answer all the difficult questions that you might
have about making medical choices, or about choosing someone to make choices
for you in the event you cannot do so yourself. You should discuss these
matters with your family, physician, priest, minister, rabbi or other
counselor. |