Family members are left to make some very difficult decisions regarding health care treatments, and generally do not know what the patients themselves would have wanted. Clay County Medical Center is making efforts to bridge the barrier and to make known a patient's desires through Advance Directives.

An Advance Directive is a legal document signed by the patient giving instructions to healthcare professionals about their health care decisions in the event that they themselves become unable to make these decisions known. The two most commonly known Advance Directives are the Living Will and the Durable Power of Attorney for Health Care Decisions.

The Living Will is a document that provides a way for any adult to state if they would want life-sustaining treatments withdrawn or withheld in the event of a terminal condition, where there is no possibility of recovery.

In Kansas, a life-sustaining procedure is defined as one that "would serve only to prolong the dying process and where, in the judgment of the attending physician, death would occur whether or not such procedure or intervention is utilized."

In order for a Living Will to be executed, the patient must be examined by two physicians and determined that patient to be terminal. The Living Will is also not valid if the patient is pregnant.

In order for a Living Will to be considered legal, it must meet certain requirements:

• Must be voluntary
• Must be in writing
• Must be dated
• Must be signed in the presence of at least two witnesses who must be of legal age, not related by blood or marriage, cannot be an heir to any portion the an estate, and cannot be directly responsible for your health care.

In Kansas, the Living Will does not have to be notarized; however, in some states this is required. Clay County Medical Center has Notary Publics who can serve as witness if you develop a Living Will.

It is a good idea to provide copies of you Living Will to the hospital, physician(s), family members, friends, clergy and store your own copy in a safe place where it can be easily found.

With a Durable Power of Attorney for Health Care Decisions, a competent adult appoints an agency who acts on behalf o that person's wishes in the event that person becomes incapacitated or is unable to make their own wishes known. It is important that the 'agent' has a clear understanding of what the person's opinions for health care treatments are so that they are able to act in that person's best interests and according to their wishes.

Anyone with a Medical Durable Power of Attorney can give his or her 'agent' the authority to make decisions such as:

• Allow, refuse, or withdraw consent to medical care
• Make decisions about organ donation, autopsy and burial
• Make arrangements for care at a hospital, nursing home, or other health care facility
• Hire or discharge health care personnel necessary for your physical, mental and emotional needs
• Access information about your personal affairs and your health, such as medical record release of information consents.

In order to be legally effective, the Durable Power of Attorney for health care decisions must be:

• Voluntary
• In writing
• Dated
• Signed in the presence of at least two witnesses who must be of legal age, not related by blood or marriage, cannot be an heir to any portion of an estate, and cannot be directly responsible for your health care.

In Kansas, the Medical Durable Power of Attorney does not have to be notarized; however, in some states this is required.

Clay County Medical Center offers additional information on Advance Directives through a short video, additional brochures, one-on-one counseling and speaking engagements to community organizations and groups.

We recommend that you seek additional information through your personal physician, lawyers, clergy and family members in making your decisions.