DPOA

PookieBlue

Does a durable power of attorney override a dementia patients previous choice for full resuscitation. The PWD has subsequently indicated a desire not to have full resuscitation

jfkoc

It depends on just what the DPOA spells out, I think. This might be covered in the Health Directive..

Quilting brings calm

If I understand your situation, the DPOA wants to honor the PWD’s current wish for DNR. Can you just have a new DNR form filled out with their current wish? I know my parents get( got) asked every time they are at the hospital along with their annual wellness visit. I’m sure the PCP woukd complete a new form anytime if asked.

PookieBlue

Actually, I worded it incorrectly. I have DPOA and in our wills neither of us wanted extraordinary measures. This was when he was a little bit more coherent. Two or so years later at his PCP appointment he was asked if wanted full resuscitation and he said yes which countered his previous decision. Unfortunately his doc did not explain the secondary or tertiary choices. I would not choose full resuscitation for him and wondered if my DPOA ultimately makes it my decision if circumstances warranted.

SSHarkey

Considering his condition, what benefits would there be in advanced life support? As a man who still had time before him, of course he wanted to have as much as possible. But has that time passed? I’m certainly not a lawyer. But I’ve acted as the DPOA for several people in my family. And each time my decisions superseded any others.

Quilting brings calm

@PookieBlue

I read your comment, so I am now responding to that. My step-father did the same thing. Waffle back and forth on a DNR. The PCP didn’t explain it all either. I was not happy because I knew the reality. When it came time to put him on hospice, I discussed this very thing with the AL nurse and the hospice nurse. The hospice nurse assured me that she had this. And she did. She told my step-dad exactly what would happen if they tried to resuscitate him. He signed the DNR.

I believe that if he is incapacitated, they will ask you as the POA regardless of what he’s signed previously.

Dio

I don't know how your DPOA is worded but is there a section that covers Healthcare decisions? If so, then you have the power. Here in CA we need a separate Advance Healthcare Directive. In addition, we have to fill out/sign a POLST form to instruct emergency responders what to do for DNR. It's much faster than sifting through a DPOA or other legal docs.

Jeanne C.

In our state we use the Delaware Medical Orders for Scope of Treatment form. This document states no ressusitation, no extreme measures, comfort care only. I was able to sign it as his DPOA. Your loved one's doctor was out of line asking the question of someone who is unable to make those decisions any longer.

PookieBlue

DIO,

His advanced directive from Jan 2019 indicates no artificially provided nutrition and hydration.

Adult daycare required a physical and POLST and in June of 23 when this was done, PWD was asked about level of medical intervention PWD chose full treatment CPR. I was at the office visit at the time and wasn’t sure if I could just make that decision for him, but I thought at the time I would never take him to the hospital or call an ambulance because I wouldn’t be supportive of a full Resusitation. I just hope that with my having DPOA, I could make his medical decisions for him. Also, when we have since discussed full resuscitation he has told me no, he wouldn’t want that.

Under General Power the will indicates Attorney-in-Fact has full power and authority as though he or she were the absolute owner of the Principal’s assets…… not sure if this extrapolates to health decisions, but elsewhere it says that if he has a terminal condition he wants to be allowed to die naturally.

I guess for peace of mind I should just have his doc redo the POLST.

Dio

PookieBlue, I think it'd be best to check out the law in your state and just get what you need to do done now. You don't want to waste time when the emergency situation hits. Do you still have a copy of the POLST from when he attended Daycare? Get a copy! Definitely have POLST if that is his wish. "Principal's assets" only covers the tangible materials he owns and does not extend to healthcare.

PookieBlue

DIO and all, Thank you for your input. I will get his doc to redo the POLST. I certainly do not want any hang ups in an emergency.

M1

Off the record, i can tell you that healthcare personnel in general are very loathe to perform resuscitative measures on hopeless cases, they look at it as inflicting needless pain and suffering. So in the event if you say do not resuscitate, they will likely honor your wishes. But that of course assumes that you are there at the time of the event.

Marta

At our dementia facility, under Washington State law, staff MUST begin CPR, even if resident is DNR, UNLESS the resident is on Hospice. When EMS responds, they ask for the POLST and abide by it.