A competent person, of legal age, has the right to accept or
refuse medical or surgical treatment. In general, an individual has the right
to make health care decisions for himself/herself. Generally, if you are a
competent adult, you can consent to any treatment of care which will become
effective if the individual is no longer competent to make treatment decisions.
These instructions are commonly referred to as "Advance Directives."
A. The State Veterans Affairs Board will
provide a copy of its advanced directives policy to all applicants, for
admission to a SVNIL as part of the application package.
B. All SVNH social workers will provide the
resident or personal representative with written information concerning
advanced directives and rights under law and on the facility's policies
regarding advanced directives and refusal of medical treatment.
C. An Advanced Directive can be a LIVING
WILL, A DURABLE. POWFR OF ATTORNFY FOR HEALTH CARE. or other evidence of the
individual's wishes concerning health care decisions.
(1) A Living Will is a directive to be
allowed to die naturally. The Living Will comes into play only when the
attending physician, along with two (2) other physicians, believes that the
individual will not regain consciousness or a state of health that is
meaningful to the individual and but for the use of life-sustaining mechanisms,
the individual would soon die.
(2)
A Durable Power of Attorney for Health Care (DP A HO) is a document where an
individual designates someone as their agent to make health care decisions for
them if they are unable to make such a decision. The DPAOC comes into play when
the individual cannot make a health care decision either because of a permanent
or temporary illness or injury. The DPAHC must specifically authorize the
individual's attorney in fact to make health care decisions tor the individual
and must contain the standard language set out in the law. Otherwise, the DPAHC
can contain any instruction which the individual wishes.
(3) Decisions to accept or refuse treatment,
internal nutrition via feeding tubes or gastric devices, and/or artificial
hydration rest with the resident or appropriate legal representative. The SVNH
and employees have no official opinion on the care and treatment decisions of
the individual residents.
(4) It is
the policy of MSVA to follow the directions given by each resident with regard
to accepting or refusing treatment to the extent permitted by law and within
Stale Veterans Affairs Board policy.
(5) No individual shall be discriminated
against or have care conditioned on whether the individual has executed any
advance directive.
