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Medical Legal Directives

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Submitted By britabroad
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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.
What Are Advance Directives?
Advance directives are a written statement, made in advance by a legally competent adult, that appoint someone to make healthcare decisions if a person becomes incapable of making decisions and unable to communicate his or her wishes. Advance directives also provide instructions which define the type of treatment or care a person would want or not want under particular conditions. Doctors, other members of the healthcare team, family members and/or appointed “agents” use these documents to ensure that a person’s preferences are honored in a critical healthcare situation (National Hospice and Palliative Care Organization, 2008).
Legal and Ethical Principles
Legal Basis
It is an accepted legal theory that a legitimately competent person is empowered to consent to or decline medical treatment - even if the declination results in death. In 1990, Congress passed the Patient Self Determination Act (PSDA), which was established after the Supreme Court’s ruling in Cruzan v Missouri Department of Health in which it was found that it was acceptable to require "clear and convincing evidence" of a patient's wishes for removal of life support (Koch,

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