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Fillable Printable Durable Power of Attorney for Health Care - Rhode Island

Fillable Printable Durable Power of Attorney for Health Care - Rhode Island

Durable Power of Attorney for Health Care - Rhode Island

Durable Power of Attorney for Health Care - Rhode Island

Rhode Island Durable Power Of
Attorney For Health Care
AN ADVANCE CARE DIRECTIVE
“A GIFT OF PREPAREDNESS”
i
INTRODUCTION
YOUR RIGHTS
Adults have the fundamental right to control the decisions relating to their health care. You have
the right to make medical and other health care decisions for yourself so long as you can give
informed consent for those decisions. No treatment may be given to you over your objection at
the time of treatment. You may decide whether you want life sustaining procedures withheld or
withdrawn in instances of a terminal condition.
What is a Durable Power of Attorney for Health Care?
This Durable Power of Attorney for Health Care lets you appoint someone to make health care
decisions for you when you cannot act ively participate in health care decision making. The
person you appoint to make health care decisions for you when you cannot actively participate in
health care decision making is called your agent. The agent must act consistent with your desires
as stated in this document or otherwise known. Your agent must act in your best interest. Your
agent stands in your place and can make any health care decision that you have the right to make.
You should read this Durable Power of Attorney for Health Care carefully. Follow the
witnessing section as required. To have your wishes honored, this Durable Power of Attorney
for Health Care must be valid.
REMEMBER
i You must be at least eighteen (18) years old.
i You must be a Rhode Island resident.
i You should follow the instructions on this Durable Power of Attorney for Health Care.
i You must voluntarily sign this Durable Power of Attorney for Health Care.
i You must have this Durable Power of Attorney for Health Care witnessed properly.
i No special form must be used but if you use this form it will be recognized by health care providers.
i Make copies of your Durable Power of Attorney for Health Care for your agent, alternative
agent, physicians, hospital, and family.
i Do not put your Durable Power of Attorney for Health Care in a safe deposit box .
i Although you are not required to update your Durable Power of Attorney for Health Care,
you may want to review it periodically.
Commonly Used Life-Support Measures Are Listed on the Back Inside Page
1
DURABLE POWER OF ATTORNEY FOR HEALTH CARE
(RHODE ISLAND HEALTH CARE ADVANCE DIRECTIVE)
I, ________________________________________________________________________,
(Insert your name and address)
am at least eighteen (18) years old, a res ident of the State of Rhode Island, and understand this
document allows me to name another person (called the health care agent) to make health care
decisions for me if I can no longer make decisions for myself and I cannot inform my health care
providers and agent about my wishes for medical treatment.
PART I: APPOINTMENT OF HEALTH CARE AGENT
THIS IS WHO I WANT TO MAKE HEALTH CARE DECISIONS
FOR ME IF I CAN NO LONGER MAKE DECISIONS
Note: You may not appoint the following individuals as an agent:
(1) your treating health care provider, such as a doctor, nurse, hospital, or nursing home,
(2) a nonrelative employee of your treating health care provider,
(3) an operator of a community care facility, or
(4) a nonrelative employee of an operator of a c ommunity care facility.
When I am no longer able to make decisions for myself, I name and appoint
to make health care decisions
for me. This person is called my health care agent.
Telephone number of my health care agent:
Address of my health care agent:
You should discuss this health care directive with your agent and give your agent a copy.
(OPTIONAL)
APPOINTMENT OF ALTERNATE HEALTH CARE AGENTS:
You are not required to name alternative health care agents. An alternative health care agent
will be able to make the same health care decisions as the health care agent named above, if the
health care agent is unable or ineligible to make health care decisions for you. For example, if
you name your spouse as your health care agent and your marriage is dissolved, then your
former spouse is ineligible to be your health care agent.
When I am no longer able to make decisions for myself and my health care agent is not
available, not able, loses the mental capacity to make health care decisions for me, becomes
ineligible to act as my agent, is not willing to make health care decisions for me, or I revoke the
person appointed as my agent to make health care decisions for me, I name and appoint
the following persons as my agent to make health care decision for me as authorized by this
document, in the order listed below:
_____ My Initials
2
My First Alternative Health Care Agent : __________________________________________
Telephone number of my firs t alternative health care agent:
Address of my first alternative health care agent:
My Second Alternative Health Care Agent: ________________________________________
Telephone number of my second alternative health care agent:
Address of my second alternative health care agent:
My health care agent is automatically given the powers I would have to make health care
decisions for me if I were able to make such decisions. Some typical powers for a health care
agent are listed below in (A) through (H). My health care agent must convey my wishes for
medical treatment contained in this document or any other instructions I have given to my agent.
If I have not given health care instructions, then my agent must act in my best interest. A court
can take away the power of an agent to make health care decisions for you if your agent:
(1) Authorizes anything illegal,
(2) Acts contrary to your known wishes, or
(3) Where your desires are not known, does anything that is clearly contrary to your best
interest.
Whenever I can no longer make decisions about my medical treatment, my health care agent has
the power to:
(A) Make any health care decision for me. This includes the power to give, refuse, or
withdraw consent to any care, treatments, services, tests, or procedures. This
includes deciding whether to stop or not start health care that is keeping me or might
keep me alive, and deciding about mental health treatment.
(B) Advocate for pain management for me.
(C) Choose my health care providers, including hospitals, physicians, and hospice.
(D) Choose where I live and receive health care which may include residential care,
assisted living, a nursing home, a hospice, and a hospital.
(E) Review my medical records and disclose my health care information, as needed.
(F) Sign releases or other documents concerning my medical treatment.
(G) Sign waivers or releases from liability for hospitals or physicians.
(H) Make decisions concerning participation in research.
If I DO NOT want my health care agent to have a power listed above in (A) through (H) OR if I
want to LIMIT an power in (A) through (H), I must say that here:
_____ My Initials
3
PART II: HEALTH CARE INSTRUCTIONS
THIS IS WHAT I WANT AND DO NOT WANT FOR MY HEALTH CARE
Many medical treatments may be used to try to improve my medical condition in certain
circumstances or to prolong my life in other circumstances. Many medical treatments can be
started and then stopped if they do not help. Examples includ e artificial breathing by a machine
connected to a tube in the lungs, artificial feeding or fluids through tubes, attempts to start the
heart, surgeries, dialysis, antibiotics, and blood transfusions. The back inside page has more
information about life-support measures.
OPTIONAL -FOR DISCUSSION PURPOSES
A discussion of these questions with your health care agent may help him or her make health
care decisions for you which reflect your values when you cannot make those decisions.
These are my views which may help my agent make health care decisions:
1. Do you think your life should be preserved for as long as possible? Why or why not?
2. Would you want your pain managed, even if it makes you less alert or shortens your life?
3. Do your religious beliefs affect the way you feel about death? Would you prefer to be
buried or cremated?
4. Should financial considerations be i mportant when making a decision about medical care?
5. Have you talked with your agent, alternative agent, family and friends about these issues?
_____ My Initials
4
Here are my desires about my health care to guide my agent and health care providers.
1. If I am close to death and life support would only prolong my dying:
INITIAL ONLY ONE:
I want to receive a feeding tube.
I DO NOT WANT a feeding tube.
INITIAL ONLY ONE:
I want all life support that may apply.
I want NO life support.
2. If I am unconscious and it is very unlikely that I will ever become conscious again:
INITIAL ONLY ONE:
I want to receive a feeding tube.
I DO NOT WANT a feeding tube.
INITIAL ONLY ONE:
I want all other life support that may apply.
I want NO life support.
3. If I have a progressive illness that will be fatal and is in an advanced stage, and I am
consistently and permanently unable to communicate by any means, swallow food and water
safely, care for myself and recognize my family and other people, and it is very unlikely that my
condition will substantially improve:
INITIAL ONLY ONE:
I want to receive a feeding tube.
I DO NOT WANT a feeding tube.
INITIAL ONLY ONE:
I want all life s upport that may apply.
I want NO life support.
Additional statement of desires, special provisions, and limitations regarding health
care decisions (More space is available on page 8):
ORGAN DONATION
_____ In the event of my death, I request that my agent inform my family or next of kin of my
desire to be an organ and tissue donor for transplant. (Initial if applicable)
_____ In the event of my death, I request that my agent inform my family or next of kin of my
desire to be an organ and tissue donor for research. (Initial if applicable)
_____ My Initials
5
RELIGIOUS AND SPIRITUAL REQUESTS
Do you want your Rabbi, Priest, Clergy, Minister, Imam, Monk, or other spiritual advisor
contacted if you become sick?
INITIAL ONLY ONE:
Yes No
Name of Rabbi, Priest, Clergy, Minister, Imam, Monk, or other spiritual advisor:
______________________________________________________________________________
Address:______________________________________________________________________
Phone Number: _______________________________________________________________
DURATION
Unless you specify a shorter period in the space below, this power of attorney will exist until it is
revoked.
I do not want this durable power of attorney for health care to exist until revoked. I want this
durable power of attorney for health care to expire on
(Fill in this space ONLY if you want the authority of your agent to end on a specific date.)
REVOCATION
I can revoke this Durable Power of Attorney for Health Care at any time and for any reason
either in writing or orally. If I change my agent or alternative agents or make any other changes,
I need to complete a new Durable Power of Attorney for Health Care with those changes.
PART III: MAKING THE DOCUMENT LEGAL
I revoke any prior designations, advance directives, or durable power of attorney for health care.
Date and Signature of Principal
I am thinking clearly, I agree with everything that is written in this document, and I have made
this document willingly.
Signature Date signed:
_____ My Initials
6
DATE AND SIGNATURES OF TWO QUALIFIED WITNESSES OR ONE NOTARY PUBLIC
Two qualified witnesses or one notary public must sign the durable power of attorney for
health care form at the same time the principal signs the document. The witnesses must be
adults and must not be any of the following:
(1) a person you designate as your agent or alternate agent,
(2) a health care provider,
(3) an employee of a health care provider,
(4) the operator of a community care facility, or
(5) an employee of an operator of a community care facility.
I declare under the penalty of perjury that the person who signed or acknowledged this document
is personally known to me to be the principal, that the principal signed or acknowledged this
durable power of attorney for health care in my presence, that the principal appears to be of
sound mind and under no duress, fraud, or undue influence, that I am not the person appointed as
attorney in fact by this document, and that I am not a health care provider, an employee of a
health care provider, the operator of a community care facility, or an employee of an operator of
a community care facility.
OPTION ONE:
Signature:
Print Name:
Residence Address:
Date:
Signature:
Print Name:
Residence Address:
Date:
----------------------------------------------OR------------------------------------------------
OPTION TWO:
Signature of Notary Public:
Print Name:
Commission Expires:
Business Address:
Date:
_____ My Initials
7
TWO QUALIFIED WITNESSES OR ONE NOTARY PUBLIC DECLARATION
At least one of the qualified witnesses or the notary public must make this additional declaration:
I further declare under penalty of perjury that I am not related to the principal by blood,
marriage, or adoption, and, to the best of my knowledge, I am not entitled to any part of the
estate of the principal upon the death of the principal under a will now existing or by operation of
law.
Signature:
Print Name:
Signature:
Print Name:
PART IV: DISTRIBUTING THE DOCUMENT
You are not required to give anyone your Durable Power of Attorney for Health Care, but if it
cannot be found at the time you need it, it cannot help you. For example, you are unable to
participate in making health care decisions and your Durable Power of Attorney for Health Care
is a safe deposit box, the agent, physician and other health care providers will not have access to
it and they will not be able to respect your medical treatment wishes. You may want to give a
copy of your Durable Power of Attorney for Health Care to some or all of the persons listed
below so that it can be available when you need it.
(Name) (Address) (Phone)
q Health Care Agent
q First Alternative Health Care Agent
q Second Alternative Health Care Agent
q Physician
q Family
q Lawyer
q Others
_____ My Initials
8
ADDITIONAL SPACE FOR INFORMATION
__________________________________________________________________
__________________________________________________________________
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___________________________________________ _______________________
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_____ My Initials
ii
COMMONLY USED LIFE-SUPPORT MEASURES
Cardiopulmonary Resuscitation (CPR)
Cardiopulmonary resuscitation (CPR) is a group of treatments used when someone’s heart and/or
breathing stops. CPR is used in an attempt to restart the heart and breathing. It may consist only of
mouth-to-mouth breathing or it can include pressing on the chest to mimic the heart’s function and cause
blood to circulate. Electric shock and drugs also are used freq uently to stimulate the heart.
When used quickly in response to a sudden event like a heart attack or drowning, CPR can be life-saving.
But the success rate is extremely low for people who are at the end of a terminal disease process.
Critically ill pat ients who receive CPR have a small chance of recovering or leaving the hospital.
Rhode Islanders with a terminal condition who do not want rescue/ambulance service/emergency medical
services personnel to perform CPR may join COMFORT ONE. Rescue/ambulance/emergency workers
will provide comfort measures but will not perform CPR or any resuscitation. To join COMFORT ONE,
speak to your physician. ONLY your physician can enroll you in the COMFORT ONE PROGRAM.
Your physician writes a medical order directing rescue/ambulances service/emergency personnel not to
start CPR which is filed with the Rhode Island Department of Health.
Mechanical Ventilation
Mechanical ventilation is used to help or replace how the lungs work. A machine called a ventilator (or
respirator) forces air into the lungs. The ventilator is attached to a tube inserted in the nose or mouth and
down into the windpipe (or trachea). Mechanical ventilation often is used to assist a person through a
short-term problem or for prolonged periods in which irreversible respiratory failure happens due to
injuries to the upper spinal cord or a progressive neurological disease.
Some people on long-term mechanical ventilation are able to enjoy themselves and live a quality of life
that is important to them. For the dying patient, however, mechanical ventilation often merely prolongs
the dying process until some other body system fails. It may supply oxygen, but it cannot improve the
underlying condition.
When discussing end-of-life wishes, make clear to loved ones and your physician whether you would
want mechanical ventilation if you would never regain the ability to breathe on your own or return to a
quality of life acceptable to you.
Artificial Nutrition and Hydration
Artificial nutrition and hydration (or tube feeding) supplements or replaces ordinary eating and drinking
by giving a chemically balanced mix of nutrients and fluid through a tube placed directly into the
stomach, the upper intestine, or a vein. Artificial nutrition and hydration can save lives when used until
the body heals.
Long-term artificial nutrition and hydration may be given to people with serious intestinal disorders that
impair their ability to digest food, thereby helping them to enjoy a quality of life that is important to them.
Sometimes long-term use of tube feeding frequently is given to people with irreversible and end-stage
conditions which will not reverse the course of the disease itself or improve the quality of life. Some
health care facilities and physicians may not agree with stopping or withdrawing tube feeding. You may
want to talk with your loved ones and physician about your wishes for artificial nutrition and hydration in
your Durable Power of Attorney for Health Care.
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