What does the term Advanced Directive mean?
June 21, 2022 | 60,00 EUR | answered by Thomas Eiserfelder
Dear Medical Law Attorney,
My name is Sandra Gallenberg and I have a question regarding advance directives. I have heard a lot about this topic recently, but I am unsure about what exactly an advance directive is and what significance it could have for me.
To provide some context: I am 45 years old and do not have any serious health issues. However, I am concerned about what would happen if I were suddenly unable to make decisions about my medical care. Therefore, I would like to learn more about the legal aspects of advance directives.
Currently, I have not yet drafted an advance directive and I am unsure if it is necessary or not. I worry that in the event of a medical emergency, my wishes may not be respected if I do not leave clear instructions.
My question to you is: What does the term advance directive mean and what does it entail? What are the legal consequences of not having an advance directive? And what steps should I take to document my medical wishes in case of incapacity to make decisions?
I thank you in advance for your support and guidance on this important topic.
Sincerely,
Sandra Gallenberg
Dear Mrs. Gallenberg,
Thank you for your inquiry regarding advance directives. An advance directive is an important legal document that records your medical wishes and preferences in case you are no longer able to make these decisions yourself. It is a precautionary measure to ensure that your medical wishes are respected and implemented, even if you are unable to express them yourself.
An advance directive typically includes information about the medical treatments you wish to receive or refuse, as well as details about life-sustaining measures such as artificial nutrition, ventilation, or resuscitation. You can also specify preferences regarding your care, pain management, or hospice care. It is important that your advance directive is clear and precise to avoid any potential misunderstandings.
If you do not have an advance directive and suddenly become unable to make medical decisions, doctors and family members may not know what treatment you would want in such a situation. This can lead to conflicts and, in the worst case, to a treatment that does not align with your wishes. Therefore, it is advisable to create an advance directive early on to ensure that your wishes are respected.
To document your medical wishes, you should first consider which treatments and measures you want or do not want in certain situations. Then, you can write down your advance directive and, if necessary, have it notarized to make sure it is legally binding. It is also important to review and potentially update it regularly to ensure that it reflects your current preferences.
I hope this information has been helpful to you. If you have any further questions or need guidance, please feel free to contact me.
Best regards,
Thomas Eiserfelder, Medical Law Attorney
