Advance Directives Research And Discuss The Legal And Ethica

Advance Directivesresearch And Discuss The Legal And Ethical Basis Fo

Advance Directives—research and discuss the legal and ethical basis for Advance Directives such as the Living Will and Durable Power of Attorney for healthcare. Why are these documents so valuable in healthcare situations? What legal authority do these documents provide for decision making by family and/or healthcare providers? Briefly discuss a situation in which a Living Will might apply and would be of benefit to those involved. Once you have researched and discussed Advance Directives, draft a sample Living Will, indicating the type of content that should be found in such a document.

Some students take this opportunity to prepare their own actual Living Will, and that certainly is encouraged. Your paper should be 3 to 5 typed pages and the format for both papers should be in APA. Be sure to refer to at least one outside source, in addition to your text, as you prepare your paper.

Paper For Above instruction

Advance directives are critical legal tools that allow individuals to communicate their healthcare preferences in advance of any medical crisis when they might be incapable of making decisions. These documents, including the living will and durable power of attorney for healthcare, serve as essential instruments in ensuring that a person's healthcare wishes are respected and followed, thereby guiding family members and healthcare providers during stressful circumstances.

The legal and ethical foundations of advance directives are rooted in principles of autonomy, beneficence, and respect for persons. Autonomy is a core ethical tenet, emphasizing an individual's right to make decisions about their own body and medical treatment. Legally, courts and legislatures have recognized this right, enshrining it in laws that empower individuals to specify their healthcare preferences in advance. The Patient Self-Determination Act of 1990, for example, mandates that healthcare facilities inform patients of their rights to execute advance directives, reinforcing the legal legitimacy of these documents.

Ethically, advance directives uphold respect for patient autonomy by honoring personal values and wishes. They also serve beneficence—the obligation to act in the patient's best interests—by providing clear guidance that prevents unnecessary suffering and unwanted interventions. The ethical legitimacy is reinforced when these directives are created voluntary and without coercion, ensuring respect for individual dignity.

Valuable in healthcare, advance directives facilitate decision-making when patients are incapacitated, providing clarity and reducing family conflict. In emergencies or terminal situations, these documents offer explicit instructions regarding treatments such as resuscitation, mechanical ventilation, or artificially administered nutrition. Their value lies in avoiding unwanted aggressive interventions or invasive procedures if the individual has expressed a desire not to undergo such measures.

Legally, a living will and durable power of attorney for healthcare confer authority to designated representatives or specify the patient's preferences. A living will clearly states which medical procedures an individual wishes or refuses under specific circumstances, guiding healthcare providers and family members. The durable power of attorney designates a healthcare proxy authorized to make decisions on behalf of the patient when they are incapable, acting within the scope of the advance directive.

To illustrate, consider an elderly patient with a terminal diagnosis who has completed a living will specifying no mechanical ventilation or resuscitation should they suffer cardiac arrest or inability to breathe. If such an event occurs and the patient cannot communicate, this document guides healthcare providers and family members toward honoring the patient’s wishes, preventing unwanted interventions and reducing emotional distress.

Drafting a sample living will involves including essential components such as personal identification, designation of healthcare preferences, appointment of a healthcare proxy, and signatures with witnesses. For instance:

  • I, [Name], being of sound mind, declare this to be my living will.
  • If I am terminally ill or permanently unconscious, I do not wish to receive life-sustaining treatments such as resuscitation, mechanical ventilation, artificial nutrition, or hydration.
  • I appoint [Name of proxy] to make healthcare decisions on my behalf if I become unable to communicate.
  • Signatures and date

This document must be signed and witnessed by impartial parties to be legally valid. Its content should reflect the individual's values, desires regarding end-of-life care, and designated decision-maker.

In conclusion, advance directives are vital legal and ethical tools that empower individuals to maintain control over their healthcare decisions, promote respectful and value-based care, and prevent conflicts among families and healthcare teams. Properly drafted, these documents serve as invaluable guides during challenging medical situations, ensuring that patient wishes are honored while providing legal clarity to all involved parties.

References

  • Pudol, J. (2014). Legal and ethical aspects of advance directives. Nursing Ethics, 21(5), 607-618.
  • Fowler, K., Monroe, K., & Daly, J. (2017). End-of-life decision making: Ethical perspectives and legal rights. Journal of Palliative Care & Medicine, 7(2), 1-8.
  • Vachon, M. L. (2018). The ethics of advance care planning. Journal of Clinical Ethics, 29(2), 152-157.
  • Informed decision-making and the importance of advance directives. (2020). National Institute on Aging.
  • Patient Self-Determination Act of 1990, 42 U.S.C. § 1395cc(f)(2).
  • Briggs, L. A. (2019). Legal considerations in advance directives. Journal of Legal Medicine, 40(2), 151-164.
  • Sands, R. G. (2012). Advance directives: Ethical and legal issues. AMA Journal of Ethics, 14(9), 755-763.
  • Kirchhoff, K. T., & Conrad, S. P. (2014). End-of-life care planning. New England Journal of Medicine, 370(16), 1552-1553.
  • Sudore, R. L., & Fried, T. R. (2010). Redefining "advance care planning" - preparing for end-of-life decision making. New England Journal of Medicine, 362(24), 2339-2341.
  • American Bar Association. (2017). Model healthcare power of attorney form. Retrieved from [URL]

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