I just realized I don't want my family making medical decisions for me.

Well, actually, I knew that before, but with a surgery looming on the horizon, I suddenly realized, "Oh my god, what if I'm incapacitated?" That long, pointless thread on the lady with no brain got me thinking about this.

How do I transfer my medical decisions to someone else in the event I become unable to make my own decisions? I don't want my family anywhere near me.

LH

There are formats available to do so without a lawyer.

by providing free legal forms.

I don't want to be Terri subject to use by a political agenda.

Stating what your wishes are in the event that you become incapacitated, and granting power of attorney to the person that you would want to carry out your wishes in this regard.

Most hospitals carry a boiler plate Living Will form.

the very least. I would write it out, seal it in an envelope, and give instructions to your most trusted 'someone else' on where to find said envelope. (make a copy and put it in a safe deposit box if you don't use a lawyer).

a lawyer is really the way to go here, to make sure your wishes are incontestable. IMO.

open 24 hours a day, 7 days a week. The document may be needed on a weekend. A notarized copy can be kept in a safe deposit box, but a copy should also be kept on hand (where obviously a friend or relative knows that it exists and where it can be found).

They're with our regular physician and copies here at home.

Hubby and I have discussed this at length and made it clear what we both want. We also told our oldest daughter.

You need to choose someone wisely that has the same beliefs that you do. When I was going thru treatment for Breast cancer I knew if things got bad my brother would NEVER 'pull the plug'. My greatest fear is that I lay in some hospital with tubes running in/out of me forever. Make your wishes KNOWN explicitly. Leave NOTHING to be debated in the future by your family. Look what is happening to Shrievo in Florida. Who knows what her wishes are?

Q: What powers can I give my health care agent?

A DPAHC allows you to give your health care agent as broad or as limited powers as you like. While state laws may vary, the powers you can give to your agent usually include:

The right to select or discharge care providers and institutions;
The right to refuse or consent to treatment;
The right to access medical records;
The right to withdraw or withhold life-sustaining treatment;
The power to make anatomical gifts.

My brother does not believe in being an organ donor..I DO! Make sure you cover this.

http://www.caregiver.org/caregiver/jsp/content_node.jsp?nodeid=434

Creates Living Wills for all 50 States.

http://www.lawdepot.com/contracts/healthdir/?ldcn=livingwill&pid=google-health_us-living_will_c

And also ask him or her about executing documents pertaining to life sustaining procedures.

All of the decisions will be yours prior to your surgery.

That is the problem with the gal in Florida. She didn't legally let these things be known. This is a choice that you have.

Of course, none of this will matter with you, since you will be fine.

I've got a good feeling about the outcome of your surgery.
:)

Everyone should have ONE at all times. You never know what may happen. A doctor can not give any advice on the subject. Be sure you are in a hospital that WILL CARRY out your wishes...and put everything in place days before surgery.

It's limited entirely to medical decisions.It's easy to do and fairly cheap (some cool lawyers don't even charge for it).

But I hope you don't need it (still get it anyway). Hope the surgery goes well.

Khash.

...should be a basic part of EVERYBODY'S standard set of legal paperwork.

That way there is never any doubt as to what you yourself wanted, should you be incapacitated. As the Florida case showed, it doesn't matter if your spouse, parent, or children know exactly what you want -- there'll always be some asshole out there who'd gladly try to take the decision out of their hands -- and yours, after the fact.

-Technowitch

LIVING WILL

LIVING WILL DECLARATION AND DIRECTIVE TO PHYSICIANS OF *_________________________*

I,*_____________________*, willfully and voluntarily make known my desire that my life not be artificially prolonged under the circumstances set forth below, and, pursuant to any and all applicable laws in the State 0f *___________________*, I declare that:

1. If at any time I should have an incurable injury, disease, or illness which has been certified as a terminal condition by my attending physician and one additional physician, both of whom have personally examined me, and such physicians have determined that there can be no recovery from such condition and my death is imminent, and where the application of life prolonging procedures would serve only to artificially prolong the dying process, I direct that such procedures be withheld or withdrawn, and that I be permitted to die naturally with only the administration of medication, the administration of nutrition and hydration, or the performance of any medical procedure deemed necessary to provide me with comfort, care, or to alleviate pain.

2. If at any time I should have been diagnosed as being in a persistent vegetative state which has been certified as incurable by my attending physician and one additional physician, both of whom have personally examined me, and such physicians have determined that there can be no recovery from such condition, and where the application of life prolonging procedures would serve only to artificially prolong the dying process, I direct that such procedures be withheld or withdrawn, and that I be permitted to die naturally with only the administration of medication, the administration of nutrition and hydration, or the performance of any medical procedure deemed necessary to provide me with comfort, care, or to alleviate pain.

3. In the absence of my ability to give directions regarding my treatment in the above situations, including directions regarding the use of such life prolonging procedures, it is my intention that this declaration shall be honored by my family, my physician, and any court of law, as the final expression of my legal right to refuse medical and surgical treatment. I declare that I fully accept the consequences for such refusal.

4. If I am diagnosed as pregnant, this document shall have no force and effect during my pregnancy.

5. I understand the full importance of this declaration, and I am emotionally and mentally competent to make this declaration and Living Will. No person shall be in any way responsible for the making or placing into effect of this declaration and Living Will or for carrying out my express directions. I also understand that I may revoke this document at any time.
I publish and sign this Living Will and Directive to Physicians, consisting of 3 typewritten pages, on March 13, 2005, and declare that I do so freely, for the purposes expressed, under no constraint or undue influence, and that I am of sound mind and of legal age.
Declarant's Signature


Printed Name of Declarant


On * , 20* , in the presence of all of us, the above named Declarant published and signed this Living Will and Directive to Physicians, and then at the Declarant's request, and in the Declarant's presence, and in each other's presence, we all signed below as witnesses, and we each declare, under penalty of perjury, that, to the best of our knowledge:

1. The Declarant is personally known to me and, to the best of my knowledge, the Declarant signed this instrument freely, under no constraint or undue influence, and is of sound mind and memory and legal age, and fully aware of the possible consequences of this action.

2. I am at least 19 years of age and I am not related to the Declarant in any manner: by blood, marriage, or adoption.

3. I am not the Declarant's attending physician, or a patient or employee of the Declarant's attending physician; or a patient, physician, or employee of the health care facility in which the Declarant is a patient, unless such person is required or allowed to witness the execution of this document by the laws of the state in which this document is executed.

4. I am not entitled to any portion of the Declarant's estate on the Declarant's death under the laws of intestate succession of any state or country, nor under the Last Will and Testament of the Declarant or any Codicil to such Last Will and Testament.

5. I have no claim against any portion of the Declarant's estate on the Declarant's death.

6. I am not directly financially responsible for the Declarant's medical care.

7. I did not sign the Declarant's signature for the Declarant or on the direction of the Declarant, nor have I been paid any fee for acting as a witness to the execution of this document.


Signature of Witness


Printed name of Witness

Address of Witness


Signature of Witness


Printed name of Witness


Address of Witness


Signature of Witness


Printed name of Witness


Address of Witness

County of }
State of }

On * , 20* , before me personally appeared * , the Declarant, and * , the first witness, * , the second witness, * , the third witness, and, being first sworn on oath and under penalty of perjury, state that, in the presence of all the witnesses, the Declarant published and signed the above Living Will Declaration and Directive to Physicians, and then, at Declarant's request, and in the presence of the Declarant and of each other, each of the witnesses signed as witnesses, and stated that, to the best of their knowledge, the Declarant signed said Living Will Declaration and Directive to Physicians freely, under no constraint or undue influence, and is of sound mind and memory and legal age and fully aware of the potential consequences of this action. The witnesses further state that this affidavit is made at the direction of and in the presence of the Declarant.


Signature of Notary Public


Printed name of Notary Public

Notary Public
In and for the County of * ,
State of * .