Quiz for Health Care Advance Directives - Answers for Idaho Residents
The following answers are based upon Idaho law as of April 2005. The laws in other states may be different. Laws are subject to change, so please ask your attorney for answers to specific questions.
1. After a patient is connected to life support systems, it is legally difficult to withdraw him or her from the life support systems.
- Idaho Answer: False.
- There is no legal barrier for a dying patient to have life support systems withdrawn if several conditions are met. First, two doctors must certify that - regardless of the use of artificial life sustaining procedures - death is imminent (or that the patient is in a persistent vegetative state). Second, the patient should have either signed a living will or given substantial oral evidence during life of a desire to die without artificial life sustaining procedures.
2. Without a living will, the doctors and hospital must put and keep a terminally and incurably ill patient on life support systems, regardless of the cost.
- Idaho answer: False.
- The law does not require that a patient have signed a living will in order to have life support withheld or withdrawn. The benefit of a written directive on care at end-of-life is that it leaves no doubt as to the patient's desire and lessens the likelihood that family conflict will prevent the patient's directive from being honored. In the absence of a patient's written directives, the law sets out a scheme of priority to determine which person or group of persons has authority to give health care directives. Experience teaches that end-of-life decision-making by others in the absence of written directives is more problematic than with written directives.
3. Emergency Medical Services (EMS) must be given a copy of your living will if they are called to resuscitate you.
- Idaho answer: False.
- EMS first-responders acting outside of a hospital setting will resuscitate a patient even if that patient is known to have signed a living will electing against receiving artificial life sustaining procedures. EMS personnel will attempt to resuscitate because they do not have the benefit and protection of two physicians on site, certifying that patient death is imminent regardless of the use of artificial life sustaining procedures. However, Idaho law allows physicians to prescribe what is essentially a Do Not Resuscitate (DNR) order for terminally ill patients residing outside a hospital setting. These patients are given written documentation and insignia (bracelet or medallion) evidencing the DNR order. EMS personnel are prohibited from attempting resuscitation if a patient has DNR documentation.
4. If you have a living will, you should also have a Do Not Resuscitate (DNR) order.
- Idaho answer: False.
- While all adults, healthy or not, should have a living will and health care power of attorney, only terminally ill patients are eligible for a DNR order.
5. You revoke your living will by tearing it up.
- Idaho answer: False.
- A living will can be revoked orally, by signing a new living will, or by destroying the original and collecting all existing copies. If you are in a facility, the most effective way to revoke a living will is to (1) tell your physician and ask that the revocation be noted in your medical records and (2) sign a new living will with current directives. If you are not in a facility, the most effective way to revoke your living will is to execute a new one and see that a copy of it is placed in the hands of everyone holding a copy of the revoked one.
6. Your health care agent has the right to make all health care decisions on your behalf under a Health Care Power of Attorney and can make decisions over your objections.
- Idaho answer: False.
- Your agent has no authority to give health care directives for you unless you are found to be unable to make and communicate informed medical decisions. Only then, does the agent's authority come into being.
7. More often than not, it is one or more family members who prevent a patient’s living will from being honored by the doctor and medical provider.
- Idaho answer: True.
- Experience shows that when disputes arise concerning end-of-life decision-making and a patient’s advance directives, more often than not the conflict occurs between family members. Conflict can usually be avoided by prior, comprehensive discussions with family members regarding what kind of end-of-life care you want and why you made those decisions.
8. A living will from another state is not valid in this state.
- Idaho answer: False.
- A living will valid when executed in another state will be respected in Idaho. However, Idaho health care providers are very familiar with the state's suggested document format. Your agent will have an easier time getting a familiar format respected than one substantially different than Idaho's suggested format. If you have brought another state's living will or health care power of attorney into Idaho, you will be better served by re-executing your directives using Idaho's format.
9. A hospital or nursing home can insist that someone being admitted must sign a living will.
- Idaho answer: False.
- Federal law prohibits a health care facility discriminating against a patient for not having a living will or health care power of attorney. Nonetheless, it is not uncommon for assisted care facilities and nursing homes to suggest that one is needed prior to admission.
10. The law is more concerned about protecting doctors than it is about honoring a patient’s wishes.
- Idaho answer: False.
- The law is as concerned with your right to determine your end-of-life care as it is with legal protection for health care providers who respect your directives.
11. The Power of Attorney for health care must always be a family member if one is available.
- Idaho answer: False.
- You are free to choose any person 18 years or older to serve as agent. It does not have to be a family member. However, none of the following may be designated as your agent: 1) your treating health care provider; 2) a non-relative employee of your treating health care provider; 3) an operator of a community care facility; or 4) a non-relative employee of an operator of a community care facility. You should choose the person who is best suited to the task. You should also designate one or more alternates in case your first or second choice for agent is unable to serve.
12. The Power of Attorney for health care may be shared by more than one family member.
- Idaho answer: True.
- You can designate agents to serve jointly. Before making a joint designation you should make sure your basis for choosing a joint designation is sound. Choosing a second person to serve jointly with your first choice in order to avoid hurt feelings or because you believe your first choice is unable to serve independently is not wise. Similarly, choosing joint agents to balance out irreconcilable conflict between the two over your end-of-life care is unsound. Choose a trustworthy person who cares about you, is a good communicator, and can gain consensus in a crisis.
13. An attorney must be used to draw up a legal living will.
- Idaho answer: False.
- You do not have to employ an attorney to draw a living will or health care power of attorney. You should, however, discuss these documents with someone who is knowledgeable about the options, operation, and effect of health care directives. Experts advise against a person completing health care directives without first having the benefit of competent advice.
- Return to the Quiz for Health Care Advance Directives
- See our Advance Directives Case Studies for more information about Health Care Advance Directives, including specific details for residents of Idaho, Iowa, Kentucky, North Dakota, and South Dakota.
Credits
Adapted for use in the Legally Secure Your Financial Future: Organize, Communicate, Prepare program.
Content Development by:
Dennis S. Voorhees, certified elder law attorney,
Twin Falls, Idaho.
This information is provided as a public service and is designed to acquaint you with certain legal issues and concerns. It is not intended to be a substitute for legal advice, nor does it tell you everything you may need to know about this subject. Future changes in the law cannot be predicted, and statements in these materials are based solely on the laws in force on the date of release noted on this page.
This document is for non-profit educational purposes only. This document may not be used by a profit-making company or organization. When used by a non-profit organization, appropriate credit must be given to the Cooperative Extension Legally Secure Your Financial Future: Organize, Communicate, Prepare education program. Materials for this program were developed by a team from six land-grant universities. The program is included in the program toolkit of the Cooperative Extension Financial Security in Later Life national initiative. For more information go to: http://www.csrees.usda.gov/fsll.