OA Legal Flashcards
Benefits of Having Advance Directives
- gift to your family
- loved ones will not have to guess
- you get the care you want
- MDs can make decisions quicker
What happens without an Advance Directive?
- families don’t know what to do
- families have conflicting ideas
- no one can carry out your wishes
- may end up with something you don’t want
Admission Requirements
- discuss AD and CPR policy
- patients sign stating they have been given the opportunity to have and understand advance directives
Are Advance Directives required?
- Patients have right to decide to complete AD or not
- AD not required to receive hospice care
Types of Advance Directives
- Living Will
- Health Care Surrogate
- Health Care Proxy
- DNRO
- Five Wishes
HCS
Health Care Surrogate
- Person you choose to speak for you when you are unable to communicate
- Not limited to end-stage
- When capacity is regained, you speak for youself
Role of HCS
honor your wishes
HCS has authority to…
over-see your Advance Directive
Living Will
- NOT last will and testament
- can do it without a lawyer
- needs two witnesses
- contained in Five Wishes
HCS must be…
-over 18
Living Will allows you to choose…
end of life needs:
- ventilator
- feeding tubes/feeding
- antibiotics
Living Will does not go into effect until….
- end stage condition
- persistent vegetative state
- unable to communicate for yourself
Designating a HCS
- Included in Five Wishes
- Needs 2 witnesses
- one witnesses cannot be a spouse, blood relative, estate heir, or person paying for health care
Without a HCS…
Physician chooses a proxy
DNRO
DO NOT RESUSCIATE ORDER
- If at home, bring to hospital
- DNR will be written for that hospital stay
- If at hospital, but not at home, physician must write order
How many victims of elder abuse are estimated?
more than 2 million are victims of abuse, neglect, and exploitation
Vast majority of elder abuse occur in?
home setting
Typical abuser of elders?
adult child or family member
Most frequent victim of elder abuse?
White women over the age of 80
Victims of elder abuse….
have shorter lifespans than those who are not abused
Elder abuse
intentional physical, emotional, or sexual mistreatment or neglect of an individual 65 yrs or older
Other forms of abuse have been declining, however elder abuse…
is on the rise due to increased reporting due to attention
Reasons for under reporting of elder abuse
- unwilling to report family members
- physical or mental inability to report the abuse
- heightened fear of retaliation from the abuser
Manifestations of elder abuse
neglect resulting in:
- bedsores
- untreated illnesses or injuries
- soiled clothing or bed sheets
- weight loss
- overall poor hygiene
- broken bones
- bruises
- contusions
Individual being abused could show signs of…
- depression
- withdrawal from normal activities
Power of Attorney
written authorization to represent or act on another’s behalf in private affairs, business, or some other legal matter, sometimes against the wishes of the other.
Advance Directive
legal document executed by an individual that expresses that individual’s desires regarding medical treatment that may be used once the individual is no longer able to communicate his or her preferences directly.
Living Will
provides specific instructions about what medical treatment the client chooses to omit or refuse in the event the client is unable to make such a decision
How to report elder abuse
- by phone 1-800-96-ABUSE
- by fax with written report with contact information
- online through DCF
Medical Power of Attorney
aka healthcare proxy
allows you to appoint a person you trust as your healthcare agent (or surrogate decision maker), who is authorized to make medical decisions on your behalf.
