Significant differences in the approaches evidenced by the elder law, trust and estate, and other attorneys serve to demonstrate that Living wills, Health Care Surrogate/Proxy designation, and the current legal approach to end of life planning is not only inadequate, it is sometimes inappropriate.
Physicians cannot and should not give legal advice. Attorneys cannot and should not give medical advice or purport to help patients understand and decide these complex personal matters. Medical care has become so complex and nuanced that it is no longer appropriate for legal professionals to put templates in-place or attempt to fashion effective medical treatment plans for their clients.
Personal Medical Care Planning by an appropriately trained professional is critical so that individuals understand their medical issues, the medical and legal decisions they may face, and the risks and benefits of the various treatment modalities and interventions. This personalized medical knowledge coupled with discussions around the beliefs, preferences, and deeply held values is required for there to be true informed consent and an increased likelihood that clients’ wishes will in-fact be honored.
While the “what” someone wants is important, the “why” they want it and feel this way is often more important.
Personal Medical Care Planning requires a skill set that draws from both the medical and legal professions. In addition to a personalized focus on end of life decisions, this planning encompasses how the person wants to live before they die. A “medical road map” becomes part of the estate planning documents and provides guidance to the Health Care Surrogate/Proxy and family in making medical decisions for their loved one helping avoid conflicts and disagreements.