Form Fr-2090-Mwhc - Virginia Advance Medical Directive Page 3

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How Do These Two Types of Advance Directives Differ?
The first type of advance directive – known as the living will – is only followed when you have a terminal
condition and only deals with life-prolonging procedures.
The second type of advance directive – often called a durable power of attorney for health care – covers those
cases and also covers situations where you can’t make treatment decisions for yourself but do not have a terminal
condition, such as when you have an accident or take a drug that leaves you unconscious. It also covers more than
decisions about life-prolonging procedures. It will cover any decisions you want it to cover. If you wish, the person to
whom you give a durable power of attorney for health care could make any decisions about your health care that you
could have made yourself.
Will My Advance Directive be Followed in an Emergency If I Cannot Make My Wishes Known?
Usually emergency medical personnel, such as rescue squads or ambulance teams, cannot follow your wishes
in an advance directive if they are called to help you in an emergency. Also, hospital emergency providers may not
know your wishes in an emergency. But if you have a terminal or serious condition, under certain circumstances
you can make decisions in advance about refusing one type of emergency medical care – resuscitation if your heart
stops beating or you stop breathing. You do this by having your doctor complete a “Do Not Resuscitate Order”
(often called a “DNR order”) for you on a form approved by the state. Your doctor also may write a DNR order to be
followed in a hospital or nursing home. This order is valid unless you revoke it – that is, you change your mind and
tell your doctor that you do want to be resuscitated.
If I Die Because I Refused Life-Prolonging Treatment Under the Health Care Decisions Act, Will My Death Be
Considered Suicide?
No. The Health Care Decisions Act specifically says that, if it is followed and the patient dies, the death are not
suicide. Following the Act will not void a life insurance policy even if the policy says otherwise.
Must an Advance Directive be in Writing?
No. The Health Care Decisions Act allows people who have a terminal condition and who never sign an
advance directive to make an oral advance directive. They may say what they want, or name a person to make
decisions for them, in front of witnesses.
Must I Have an Advance Directive?
No. An advance directive is just one way of being sure your doctors and your loved ones know what health
care you want when you can’t tell them yourself. You may have only one or both of the two types of advance
directives. The law requires that health care providers not discriminate against people based on whether they have or
do not have an advance directive.
What Happens If I Can’t Make Decisions and I Have No Advance Directive?
Virginia law lists persons such as guardians or family members who may make decisions about your medical
care even if you have no advance directive. If no listed person is available to decide for you, a judge can decide what
treatment is best.
Do I Need a Lawyer to Help Me Make an Advance Directive?
A lawyer is helpful, but you don’t have to have a lawyer prepare either type of advance directive. In fact, the
Health Care Decisions Act gives a suggested form that you may use.
What If I Change My Mind After I Sign an Advance Directive?
You can revoke it. If you want to, you can make a new one. If you are a patient or resident in a health care
facility, tell your doctor or nurse that you want to revoke or change your advance directive. It is best to destroy all
copies of the old one.
How Will My Doctor Know I Have an Advance Directive?
Hospitals and other health care facilities must ask patients or residents if they have an advance directive and, if
so, must see that a patient’s or resident’s medical record shows that they have one. In any case, you should give copies
of your advance directive to your family and to your doctor, and to anyone else you think needs to know what medical
treatment you do or don’t want.
Where Can I Go For More Information About Advance Directives?
There are many sources of additional information on advance directives, including your local hospital. You
also may wish to talk this over with your physician and lawyer.
You may also contact Mary Washington Hospital’s Patient and Guest Relations at 540-741-1442.

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