Making the Decision to Execute a Health Care Power of Attorney and Living Will

Advances in health-related technologies, current court rulings and emerging political trends have brought with them a number of life-and-death options which several have under no circumstances ahead of regarded as. The looming prospect of legalized physician-assisted suicide is a single such choice which severely erodes the inherent worth and dignity of human life. The a great deal-publicized efforts of specific medical doctors to give carbon monoxide poisoning or prescribe lethal drugs for their terminally ill individuals constitute euthanasia. So may well the removal of particular life-sustaining therapies from a patient who is not in a terminal situation. Euthanasia and willful suicide, in any kind, are offenses against life they have to be and are rejected by the vast majority of U.S. states.

Having said that, folks faced with these difficult dilemmas must be created conscious that there are morally-appropriate, life-affirming legal options accessible to them. One such alternative, for Catholics and other folks, can be a “overall health care energy of attorney” and “living will.” South Carolina State law allows you to appoint somebody as your agent to make well being care choices for you in the event you shed the ability to choose for your self. This appointment is executed by means of a “wellness care energy of attorney” kind, a model for which can be obtained from your lawyer.

A overall health care energy of lawyer can be a morally and legally acceptable implies of protecting your wishes, values and religious beliefs when faced with a critical illness or debilitating accident. Accordingly, for persons wishing to execute wellness care powers of lawyer, see the following directions and guidance from the authoritative teachings and traditions of numerous religious faiths.

The intent of the well being care power of attorney law is to enable adults to delegate their God-given, legally-recognized suitable to make wellness care choices to a designated and trusted agent. The law does not intend to encourage or discourage any particular wellness care therapy. Nor does care in your own home legalize or promote euthanasia, suicide or assisted suicide. The wellness care power of lawyer law enables you, or any competent adult, to designate an “agent,” such as a family members member or close friend, to make health care decisions for you if you shed the capacity to determine for yourself in the future. This is done by completing a overall health care energy of lawyer type.


o Have the right to make all of your personal wellness care choices when capable of carrying out so. The health care power of lawyer only becomes helpful when and if you turn into incapacitated through illness or accident.

o Have the correct to challenge your doctor’s determination that you are not capable of creating your own medical choices.

o CAN give special instructions about your medical therapy to your agent and can forbid your agent from producing specific treatment choices. To do so, you simply want to communicate your wishes, beliefs and directions to your agent. Guidelines about any precise treatment options or procedures which you want or do not want under specific circumstances can also be written in your overall health care power of lawyer and/or offered in a separate living will.

o Can revoke your overall health care energy of attorney or the appointment of your agent at any time though competent.

o May not designate as your agent an administrator or employee of the hospital, nursing residence or mental hygiene facility to which you are admitted, unless they are connected by blood, marriage or adoption. 1996

Your agent…

o Can start producing decisions for you only when your medical professional determines that you are no longer in a position to make well being care decisions for your self.

o May perhaps make any and all overall health care decisions for you, which includes treatments for physical or mental circumstances and decisions regarding life-sustaining procedures, unless you limit the energy of your agent.

o Will not have authority to make choices about the artificial provision of nutrition and hydration (nourishment and water via feeding tubes) unless he or she clearly knows that these choices are in accord with your wishes about these measures.

o Is protected from legal liability when acting in very good faith.

o Need to base his or her choices on your wishes or, if your wishes can not be reasonably ascertained, in your “ideal interests.” The agent’s decisions will take precedence over the decisions of all other persons, regardless of household relationships.

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