Advanced Directives In The Field Of Social Work

Healthcare related advanced directives are extremely important in the field of Social Work and for individuals in general. Advanced directives were developed in the late 1960’s as an answer to concern on how a family member would be taken care of. With an advanced directive an individual is able to address their wishes about their healthcare, for example a ‘do not resuscitate’ wish and so on, and may appoint someone to handle their care and ensure that the patient’s wishes are being followed—also called a durable power of attorney. Any file drawn up with an attorney is to be honored by the durable power of attorney. A durable power of attorney can be anyone from a friend, family member, or even your lawyer. With that being said, there are
The role of a durable power of attorney is carried out throughout death and allows for the attorney to make decisions on what is done with the patient’s body afterward. In the event that a person has not chosen a person to become their durable power of attorney and has not written an advanced directive, then two doctors will become the decision makers on health care. The law calls for two physicians rather than one so that nothing can be in the interest of the doctor but rather for the best of the patient. One of the doctors also has to have no relationship to the patient and be a completely third party, objective individual
Law 1396a, individuals using Medicare gets written information including on their medical rights, and that they have the right to refuse medical care or anything pertaining to their decision to make a durable power of attorney. It is in the code that all medical employees must be aware of these rights before working with patients and ensure that they are competent in the basis of durable power of attorney and the advanced directive. This law ensures that medical personnel do not discriminate and cooperate with MO state law when handling the durable power of attorney. A patient must be made aware of their rights and must know that any medical worker may refuse to work with a patient that has a durable power of attorney. There is also information on dealing with assisted suicide. (42 U.S. Code § 1396a) It is against U.S. law 14406 to perform any act that is considered homicide. The durable power of attorney has a responsibility to stop any act that would be against the patient’s wishes and the potential homicide of a patient is included in this. It is not to be confused with assisting in a suicide for the patient. (42 U.S. Code § 14406)
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