Expanding abuse of end-of-life planning forms
The following comes from a May 13 email from Life Legal Defense Foundation:
“Physician’s Order for Life-Sustaining Treatment” [POLST] forms were
designed as a tool for end-of-life planning. More simple in concept than
an advance health care directive, durable power of attorney for health
care, or living will, the POLST is an order signed by a doctor that goes
into immediate effect. Printed on brightly-colored card stock, the
POLST is posted prominently in a person’s home and/or in their medical
record, as appropriate. If emergency medical personnel are called to a
person’s home, they can see at a glance if there is a POLST form and
quickly determine whether the person has a do-not-resuscitate order in
effect.
As originally conceived, the POLST was to be offered by a doctor to a
patient who was seriously, chronically ill, and whose condition was
deteriorating to the point where the doctor would not be surprised if he
died within a year. Under those circumstances, and particularly where
the person was not living in a health care setting, the POLST served to
ensure a patient’s end-of-life wishes were respected in the case of an
emergency where their advance directive was not readily available.
Both studies and ample anecdotal evidence have shown that frequently in
nursing home and other institutional settings, POLSTs are being not
suggested but required upon admission, and not just of the seriously ill
but of everyone. Not uncommonly, the POLST form is presented to a
family member for his or her approval, even when the patient still has
legal capacity to make decisions.
In the case of a conflict between instructions in advance care
planning documents and in a POLST, the latter in time prevails. Thus, an
individual who has documented instructions for his care or has
appointed a health care proxy who knows his wishes could nonetheless end
up having those wishes overruled if a POLST form is approved by another
family member and then signed by a physician who may have never seen
the patient.
Thus, what was intended as a useful tool for end-of-life planning for a
minuscule percentage of the population has been hijacked and is now
being used as yet another method of hastening death for the elderly and
vulnerable.
Currently, the California Senate is considering expanding the use of
POLST forms through two bills, AB 637 and SB 19. AB 637 would authorize
nurse practitioners or physician assistants to sign these orders, not
only expanding their use but removing a layer of oversight. Under SB 19,
a state-wide POLST registry will be created. This means that medical
personnel will be able to rely on the registry rather than a physical
POLST form. Both of these expansions of POLST bring additional dangers
of misuse and abuse of the POLST concept.
Action Item: If you live in California, urge your Senator to vote “no” on SB 19 and your assemblymember
to vote “no” on AB 637. Explain that the POLST has morphed into a
hazard for patients when they are vulnerable. Until the POLST is brought
back to its original purpose, any bill that expands or further
institutionalizes it, without additional safeguards, is a step in the
wrong direction.
From http://cal-catholic.com/