DESIGNATIONS DESIGNATIONS OF PATIENT ADVOCATEOF PATIENT ADVOCATE

Winter 2012Winter 2012

SOME DEFINITIONSSOME DEFINITIONS Durable Power of AttorneyDurable Power of Attorney Patient AdvocatePatient Advocate Living WillLiving Will Last Will and TestamentLast Will and Testament Living TrustLiving Trust Durable Power of Attorney for FinanceDurable Power of Attorney for Finance Do Not Resuscitate OrderDo Not Resuscitate Order Physician Orders for Life Sustaining Physician Orders for Life Sustaining

Treatment (POLST)Treatment (POLST)

THE TRIGGERING EVENTTHE TRIGGERING EVENT

The Patient becomes unable to make The Patient becomes unable to make decisions about his or her medical or decisions about his or her medical or mental health care. mental health care.

Incapacity can be permanent or Incapacity can be permanent or temporarytemporary

INCAPACITY DETERMINATIONINCAPACITY DETERMINATION

The determination must be made by two The determination must be made by two licensed professionalslicensed professionals

Must be in writing and made part of Must be in writing and made part of medical recordmedical record

Religious objections to examinations Religious objections to examinations should be in the designationshould be in the designation

HIPAA considerationsHIPAA considerations

THE PATIENT ADVOCATETHE PATIENT ADVOCATE Makes those decisions the Patient would Makes those decisions the Patient would

makemake

Patient Advocate must adhere to Patient’s Patient Advocate must adhere to Patient’s expressly stated wishesexpressly stated wishes

Power to withhold or withdraw treatmentPower to withhold or withdraw treatment

Power to withhold or withdraw food and Power to withhold or withdraw food and waterwater

Organ donationOrgan donation

WHO TO NAME AS WHO TO NAME AS PATIENT ADVOCATEPATIENT ADVOCATE

Someone you trustSomeone you trust

Spouse, child, friendSpouse, child, friend

Can I name more than one Patient Can I name more than one Patient Advocate?Advocate?

FORMAL REQUIREMENTSFORMAL REQUIREMENTS

Age 18, competentAge 18, competent In writingIn writing Signed and datedSigned and dated Eligible Adult WitnessesEligible Adult Witnesses Part of Patient’s medical recordPart of Patient’s medical record Power not to be exercised until Patient Power not to be exercised until Patient

is unable to participate in decisionsis unable to participate in decisions Formal acceptance by Patient AdvocateFormal acceptance by Patient Advocate

REVOCATION OF REVOCATION OF DESIGNATIONDESIGNATION

Written RevocationWritten Revocation

Physical Destruction of DocumentPhysical Destruction of Document

Oral RevocationOral Revocation

MENTAL HEALTH DECISIONSMENTAL HEALTH DECISIONS

What does it cover?What does it cover?

Waiver of the right to revoke as to Waiver of the right to revoke as to mental health treatment decisionsmental health treatment decisions

WHAT CAN I DO? WHAT CAN I DO?

TAKE ACTIONTAKE ACTION

Make Designation of Patient Make Designation of Patient Advocate part of your overall estate Advocate part of your overall estate plan plan

Contact an attorneyContact an attorney

DisclaimerDisclaimer  The content of this handout and the accompanying presentation are for informational purposes only. The information presented does not The content of this handout and the accompanying presentation are for informational purposes only. The information presented does not create an attorney-client relationship and is not intended to provide legal advice. As the law is constantly evolving and each case is fact create an attorney-client relationship and is not intended to provide legal advice. As the law is constantly evolving and each case is fact

specific, you should contact a qualified attorney to review and analyze the facts and law as they relate to your individual circumstancespecific, you should contact a qualified attorney to review and analyze the facts and law as they relate to your individual circumstance..

Presented by:Presented by:

HOWARD H. COLLENSHOWARD H. COLLENS

GALLOWAY AND COLLENS, PLLCGALLOWAY AND COLLENS, PLLC26075 WOODWARD AVENUE26075 WOODWARD AVENUE

SUITE 200SUITE 200

HUNTINGTON WOODS, MICHIGAN 48070HUNTINGTON WOODS, MICHIGAN 48070

(248) 545-2500(248) 545-2500

GALLOWAYCOLLENS.COMGALLOWAYCOLLENS.COM

Howard@GallowayCollens.comHoward@GallowayCollens.comTwitter: @howardcollensTwitter: @howardcollens