Health Care: Answering Your Legal Questions
During the past several decades, major advances in medicine and rising health care costs have led to new and difficult questions about medical care. To be an informed health care consumer, you need a basic understanding of your legal rights regarding medical treatment, advance health care directives, access to medical records, emergency treatment, organ donation, and experimental medical treatments. This consumer pamphlet provides a basic understanding of the laws that address these issues.
The information covered:
- What rights do I have about the medical care I receive?
- Do I have a right to refuse treatment?
- What happens if I am not competent to choose my medical treatment?
- How would someone determine that I was not able to make my own decisions?
- What is an advance directive?
- Why should I have an advance directive?
- Should I have both a living will and health care power of attorney?
- What if I have both a living will and a health care power of attorney?
- When should I prepare an advance directive?
- How do I create a living will or health care power of attorney?
- Am I required to create an advance directive?
- How long does my living will or health care power of attorney last?
- How do I revoke my living will or my health care power of attorney?
- Who can I appoint as my agent in a health care power of attorney?
- Is this person the same as my "attorney-in-fact," appointed in my durable power of attorney?
- Can my health care agent admit me to a nursing home?
- Where should I keep my advance directive?
- What if I don't have an advance directive
- What if I have a health care power of attorney document from another state?
- How does my health care agent or other decisionmaker decide what to do?
- Who has access to medical information about me?
- If I suffer a medical emergency, will a hospital's emergency department treat me?
- What happens if I suffer a medical emergency outside of a hospital but I do not wish to be resuscitated?
- Who makes medical treatment decisions about my child?
- Are there special precautions for use of experimental drugs and devices?
- How do I arrange to donate body parts after my death?
- Where can I get more information?
Last updated: 10/2013