Power Of Attorney

Q1: Complete the following table, describing the needs you would have to consider when planning the different aspects of end of life care for an individual

A designated office within the state agency is responsible for coordinating, scheduling, and facilitating appeals for Medicaid beneficiaries. All appeals are heard by an impartial hearing officer employed by or on contract with the Agency. The designated office handles the appeals process from receipt of the request from a beneficiary/client through the final administrative decision. During the hearing process, the designated office is responsible for ensuring that the use or disclosure of beneficiary information is in compliance with federal law (HIPAA), state law and Division of Medicaid policies, and procedures regarding the safeguarding of beneficiary information.

This is for individuals who are lacking the mental capacity and need somebody else to help them manage their legal, financial and health problems. The mental capacity act therefore made it legal so that those who are unable to make their own decisions have the ability to choose somebody who they feel they can trust to help manage their finances, properties and to help make their health and welfare decision. This is done through the power of attorney. This act links to individuals who suffer with dementia as within the late stages of dementia they will need to give someone the power of attorney due to the fact that they will not be able to manage their legal financial and health problems.

The topic of end-of-life care may seem daunting and uncomfortable, and yet most individuals do have unique desires and concerns regarding their provision for the future. Providing the opportunity for that communication, the advance directive and POLST forms allow an individual to explicitly state their wishes before the future. Developed to lessen the apprehensions concerning patients undergoing any extensive and unwanted measures to preserve life at any cost, these medical directives lighten the decision-making burden for physicians and families alike and help comply with the patient’s utmost end-of-life wishes.

It is necessary to involve the individual in the plan of care and support. Encourage the individual to make choices. This includes their needs, their culture, their means of communication, their likes and dislikes, wishes and feelings, advance directives, beliefs and values, involvement of their family and other professionals. This should be considered and documented. Also, there must be evaluation in assessing effectiveness in the plan of care.

Arkansas Durable Power Of Attorney For Health Care is a legal document signed and executed to appoint attorney in fact or an agent for taking crucial healthcare decisions on behalf of the signing principal when the signing principal is incapable of taking decisions for him/her self. This document is pursuant to Arkansas Durable Power of Attorney for Health Care Act (Ark. Code Ann. § 20-13-104). The document furthermore provides a source to appoint secondary agent in case of failure in delivering promised services by the primary agent or attorney in fact. Annulling this legal document is possible only upon revocation by the signing principal and/or death of the signing principal.

An Advance directive is a living will, which allows one to document their wishes concerning medical treatments at the end of life. Even though it’s optional, but all health care facilities are required by law to ask patients if they have one, and offer them the appropriate information, and documents to sign if they want it. There are two basic kinds of advance directives, living wills, and

Figure 1 displays each state within the United States and which form of advanced directive they have adopted into their individual state’s laws. Utah is one of twenty-eight states which have implemented an advanced health care directive with both a living will and a durable power of attorney for health care. In the state of Utah advanced health care directive is defined as “a designation of an agent to make health care decisions for an adult when the adult cannot make or communicate health care decisions; or an expression of preferences about health care decisions” (le.utah.gov). Agent is defined as “a person designated in an advance health care directive to make health care decisions for the declarant (le.utah.gov).” An individual has the right to not appoint and agent on Utah advanced health care directive forms as well (le.utah.gov).

Death is something that most people do not like to think about, much less talk about. It is easy to see why the important decisions involving one’s own end of life decisions or the decisions of a loved one are conversations easily pushed to the back burner. Before it is too late, people should fill out an advance directive, including a living will and durable power of attorney, to decrease the burden and uncertainty that could be left to loved ones. People should also consider the type of care they would like to receive at the end of their life and what to do with their body once they have died. Having plans surrounding one’s death is beneficial to everyone involved, as it gives a clear plan on how to proceed.

This paper concerns the ethical basis for advance directives, or “Living Wills”; the value of these advance directives to the patients, their families; and the authorities that these advance directives give the above mentioned interested parties.

When you are able, you should put thought into the physical process you will go through. All of us love you and want to make sure that when the time comes, we know and can follow your wishes regarding the care you wish to receive. Having your decisions thoroughly and clearly stated in an advance directive will make this possible. (Berger, 2014, p. 590). Your advance directive document may contain a living will, a signed consent for Do Not Resuscitate (DNR), and information identifying your healthcare proxy. Understanding these things now, will help you make clear choices. A living will clarifies what care, or lack of care, you wish to have (Berger, 2014, p. 590). This is helpful for reference if you are ever unconscious or in any way incapable

There are two types of advance directives: a Living Will and the Durable Power of Attorney for Health Care. A Living Will requires a witness or be notarized and consists of a directive that instruct the acting physicians to not utilize medical interventions in an instance that the patient is unable to make their immediate medical decision. The Living Will is the oldest form of advanced directives, requires a patient be terminally ill and it states that its interpretation is only to be assumed by the patient and their physician, there is never to be any family influence or interpretation of a Living Will. Durable Power of Attorney for Health Care is also witnessed or notarized and identifies an ‘agent’ to make health care decisions if the signer is unable to make their own decision. An agent is an individual that the patient chooses with great care, due to the amount of power/authority that is assumed to making such decisions. The Durable Power of Attorney does not require that a patient be terminally ill and is interpreted by the identified ‘agent’. There have also been known to be hybrid documents that combine elements of a Living Will and Durable Power of Attorney for Health Care that acts as an Advanced Directive. (Advanced Directives.,

With an increasing aging population and growing numbers of individuals with chronic conditions, it is important for individuals to prepare for end-of-life care. An Advance Directive is a defined as a “legal document that provides data to critical care staff about patients’ wishes, especially when critical illness decreases decision-making ability” (McAdam, Stotts, Padilla, and Puntillo, 2005). An Advance Directive also allows for better communication between the patient and doctor, and preserves the autonomy of patients. It may also alleviate one’s family from any possible burden of uncertainty of one’s wishes. It provides guidance, which may avert arguments with family members concerning treatment choices (Cedars Sinai, 2015). The Patient

Upon reflection of the Five Wishes, several thoughts came to mind. First and foremost, having a designated advanced directive is critical. There are countless examples of clinical experiences in with which families were overwhelmed with unexpected end-of-life decisions. As an educated caregiver, we should personally take the necessary steps to assure these tough decisions are known to someone who can facilitate the level of care desired. Such consideration of these elements of care in advance can help to support our loved ones during this emotional time. After review of the five wishes, I recognized that I would not want life-support measures if faced with irreversible deleterious outcomes that resulted from

A living will also allows a person to state with particularity the forms of treatment are wanted and not wanted. For example, if a one does not want artificial life support, then sign the living will stating that desire. It is also important to discuss your beliefs and wishes with you family, spouse and other people whose opinions you respect, such as clergy,