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April 16 Is National Medical Decision Making Day

   The "death with dignity" or "right to die" movement has a long history. The first living will was attempted in the late 1906 in Ohio and today continues to stir controversy.  

The initial legal attempt of allowing patients and families to make decisions concerning end of life care was first introduced in 1968 by a physician turned legislator in Florida. The bill was rejected, but sparked other states to consider their own laws regarding the issue. In September 1976 California passed the first right to die laws and the age of Advanced Directives was born.  Over the next several years other states joined California by passing similar legislation, but it was not until 1992 that all US states had enacted laws regarding end of life care. 

In 1991, the U.S. House of Representatives enacted the Patient Self- Determination Act. The Act mandates that all hospitals receiving Medicaid or Medicare reimbursement must ascertain whether patients have or wish to have advance directives. The Patient Self- Determination Act does not create or legalize advance directives; rather it validates their existence in each of the states. 

There are several types and formats of Advanced Directives. Some allow the patient to designate a medical decision making proxy while others allow for specific instructions in the type of care acceptable and situations in which to refuse or limit care. Patients and their families should evaluate and plan for the format that will best meet their needs.

One common issue is that the advance directive is not transferable from state to state.  A hospital or physician is not required to recognize an out of state directive. Often, as elderly patients are being moved to residences closer to family this is missed.  

It is estimated that today, less than 50% of the population over the age of 70 has an Advanced Directive.  We have included several links that offer information and state by state instructions for Advanced Directives. 

U.S. Living Will Registry

http://uslwr.com/formslist.shtm 

Caring Connection

http://www.caringinfo.org/i4a/pages/index.cfm?pageid=1 

Aging with Dignity

http://www.agingwithdignity.org/

 

 

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