Medical Directives For Health Care Planning

What is a Living Will, Health Care Proxy, and HIPPA Release Form?

• A living will serves as the “roadmap” for your agent. It serves as your voice when you are unable to speak for yourself and are in an irreversible state, with no reasonable expectation of recovery. The living will often directs an agent to withhold or withdraw treatments if recovery is not expected. The document can list specific treatments to be withheld, including dialysis, antibiotics, and a feeding tube.
• A health care proxy is a document that states who will make medical decisions if you lack the mental capacity to make them on your own.
• A HIPPA release form provides doctors with a list of people who you trust and permit to have copies of your medical records or have permission to speak to your doctors.

MOLST Forms: Another Important Type of Medical Order

Beyond the attorney’s office, you should speak with your physician about a MOLST form (“Medical Orders for Life-Sustaining Treatment”). A MOLST is a medical New York State Department of Health form that is printed on pink paper. You will review the form with your New York State licensed physician, nurse practitioner, or physician assistant, and that medical professional will sign the document. As the patient moves from home to a medical facility, or between facilities, all health care professionals are directed to follow the medical orders as stated in the MOLST.

Under State law, the MOLST is the only authorized form in New York State for documenting both non-hospital Do Not Resuscitate (DNR) and Do Not Intubate (DNI) orders.

Who Needs a MOLST Form?

MOLST is generally for patients with serious health conditions. The MOLST serves as a single document that contains a patient’s goals and preferences regarding a variety of topics. It can include direction on general treatment guidelines, future hospitalization and transfer, artificially administered fluids and nutrition, antibiotics, dialysis, and other treatments.

Medical Directives Ensure Your Wishes Are Honored

Using legal and medical forms, you can direct your care when you are unable to speak for yourself. Speak with your lawyer, medical professionals, and family members to make sure your wishes are well known and well documented.

By Britt Burner, Esq.

Britt Burner, Esq. is a Partner at Burner Prudenti Law, P.C. focusing her practice areas on Estate Planning and Elder Law. Burner Prudenti Law, P.C. serves clients from New York City to the east end of Long Island with offices located in East Setauket, Westhampton Beach, Manhattan and East Hampton.