Showing posts with label Health Care Directives. Show all posts
Showing posts with label Health Care Directives. Show all posts

Wednesday, September 12, 2012

End of Life Wishes vs. Power of Attorney?

There's been an issue in the news lately that has caught our attention.  A 95 year old woman, Mrs. Okada has been hospitalized at Queen's Hospital in Honolulu with a feeding tube attached.  Her Advanced Health Care Directives state that she does not want her dying to be "artificially prolonged...and that her instructions shall prevail even if they create a conflict with the desires of my relatives, hospital policies, or the principles of those providing (her) care."

Mrs. Okada, however had granted her brother power of attorney in 1998 and he (and the family) does not want Mrs. Okada's feeding tube removed.

According to the Star Advertiser,
Two Queen's doctors then testified that they believe "beyond a reasonable doubt" that Okada will not recover after a series of medical problems, including a fall that left her with "devastating brain injury," followed by a stroke last year and a more recent bout of pneumonia that sent her from Hale Nani nursing  home to Queen's on August 8th.
Doctors say that if they remove the feeding tube, she will die in two to three weeks of a natural death.
Mrs. Okada's family say they see her eyes well with tears and she hangs onto their grasp when they try to leave her bedside at Queen's.
This was all brought to court by Mrs. Okada's family.  Judge Patrick Border says he needs a month and a half to make his decision.  Queen's Hospital says in a month and a half, the whole question will be moot since she will probably die by then anyway.  They feel the directive should be followed now and her wishes carried out.

When my mother was having her Advanced Care Directive made out, I told her that either my brother or I should be given Power of Attorney so that we can make sure doctors will keep us in the loop concerning her care.  She adamantly refused.  I tried and tried to convince her saying that several relatives advised us that this was something she should do.

Nope.

Mom says that when it gets to that point and it's time for her to go, she does not want my brother or me to even think about holding her back.  She does not want that responsibility in our power.

I haven't talked to her about this case because she'll probably tell me, "I told you so."

POSTSCRIPT 1:  Art just said we're not quite clear on exactly what that Power of Attorney means anyway so we can't make a judgement on this case.  Maybe that's why the judge is having such a hard time.

POSTSCRIPT 2:  Art said there was another article yesterday that had more legal stuff about this case and how that end of life directive was amended after 1999.   Whatever the case, Queen's Hospital has sent Mrs. Okada back to the nursing home with the feeding tube attached since the judge says it's going to take a month and half to make up his mind.

POSTSCRIPT 3:  I've just reread the article in the Star Advertiser.  It states that:
Hawaii has no required format for an advanced health care directive, but the University of Hawaii Elder Law Program provides short and long form versions that people may use to declare their wishes.  Both versions can be downloaded at https://www.hawaii.edu/uhelp/healthcare.htm.