A health care directive is an essential document for an estate plan. My recommendation is that if a person is over the age of 18 and has capacity, they should consider getting a health care directive to appoint someone to make health decisions for them and give instructions on how they want the decisions to be made medical for him.
Minnesota Statutes Chapter 145C gives a person the authority to make a health care directive in Minnesota. In the past, health care directives were called living wills and durable health care authorizations. These documents may still be used if they were validly created before August 1, 1998, or if the document has the elements of a valid health care directive under Chapter 145C of the Minnesota Statutes.
A common topic that comes up when making health care directives is how to give instructions for medical care when a person is terminally ill. Some people give instructions that say they don’t want treatments that are “heroic tools” or “life support.” However, many people do not realize that these instructions are not the same as a “do not resuscitate” order and a “do not intubate” order.
DNR/DNI orders are medical orders signed by a doctor that say not to administer CPR and intubation if your heart stops or you stop breathing. If you don’t have these orders, medical personnel and emergency medical technicians should try to help a person whose heart has stopped or who has stopped breathing by administering life-sustaining treatment, such as CPR.
When you need a doctor’s signature
If you do not want to receive resuscitation or intubation in an emergency, you will need to have a DNR/DNI order in addition to your health care directive. A DNR/DNI order must be made with a doctor or medical professional who can explain what the order means and is able to sign the order. It is recommended that if you have a DNR/DNI order that you keep it with you so that it is available in case of an emergency. Some people will keep the DNR/DNI order in the fridge at home or in their bag. Some will also wear a necklace or bracelet indicating that they have a DNR/DNI order to search.
Another document to consider is the Physician’s Order for Life-Sustaining Treatment. This is a more detailed order that covers other types of treatment and procedures than those covered by a DNR/DNI order.
I recommend discussing each of these documents with your doctor to make sure your wishes are covered.
Balzarini is an attorney with Hellmuth & Johnson PLLC. Contact him at [email protected].
