Post by KStahlPost by All We Are Is Dust In The WindWhat takes priority, a DNR or a Power of Attorney?
Power of Attorney. It assumes the patient is not of sound mind. However,
Power of Attorney should not be misused based upon sentimentality.
Not really. A DNR is obtained when a patient is very sick and in the last
stages of illness. In many cases, the patient himself makes the decision
with input from doctors, nurses and family; this is done while the patient
is still in possession of their mental faculties and, if necessary,
evaluation for competence is done in conjunction with it. Usually, the next
of kin is present and their opinion is considered, too, although the patient
has final say. The DNR is a legal document with witnesses and is binding.
A Durable Power of Attorney for Health Care is written up before the illness
is terminal. Actually, all adults should have one as well as a Living Will,
even if they're not sick. These documents are meant to be used when someone
becomes incapacitated and unable to make medical decisions. The patient
isn't necessarily terminal and the treatments being recommended are usually
not life sustaining ones. Interestingly, in this case, the DPA was a moot
point anyway as Ernest Borgnine's character was married to the patient
anyway. A spouse can legally make medical decisions without having a DPA.
The DPA is mostly for situations in which there might be some confusion as
to who is in charge. Someone who is married but separated or unmarried
needs it, especially if they feel their children or siblings might not be
able to agree on treatment. For example, I am single, my parents are dead
and I have 5 siblings. I chose the sister who is closest to me in age and
who shares a similar POV on end of life issues as I do to be my DPA.
ER has addressed this issue before. In Such Sweet Sorrow, Carol was caring
for a woman with advanced ovarian cancer who had a DNR. When she stopped
breathing, her husband begged Carol to do something so that he could bring
their children to say 'goodbye' first. Carol convinced Luka to do some
minor resuscitation and both of them got reamed out by Kerry because they
had violated the DNR.
In real life, it is extremely rare that a DPA would want to cancel a DNR,
most of them have seen their loved one suffer for a very long time and don't
want to see it prolonged. If it did, the doc would probably do what Gates
did here, try to convince the person that they should not contradict the
last wishes of the patient, that in the end, it would only prolong the
inevitable. Technically, the hospital's attorneys could get involved and
get a court order removing the DPA, but it's much better if everyone stays
on the same side rather than getting adversarial.
Sharon
A durable