Who decides about my medical care or treatment?

If you are 18 or older and have the capacity to make and communicate health care decisions, you have the right to make decisions about your medical/mental health treatment. You should talk to your doctor or other health care provider about any treatment or procedure so that you understand what will be done and why. You have the right to say yes or no to treatments recommended by your doctor or mental health provider. If you want to control decisions about your health/mental health care even if you become unable to make or to express them yourself, you will need an "advance directive."

What is an "advance directive?"

An advance directive is a set of directions you give about the health/mental health care you want if you ever lose the ability to make decisions for yourself. North Carolina has three ways for you to make a formal advance directive. One way is called a "living will." Another is called a "health care power of attorney." Another is called an "advance instruction for mental health treatment."

Do I have to have an advance directive and what happens if I don't?

Making a living will, a health care power of attorney, or an advance instruction for mental health treatment is your choice. If you become unable to make your own decisions, and you have no living will, advance instruction for mental health treatment, or a person named to make medical/mental health decisions for you (health care agent), your doctor or health/mental health care provider will consult with someone close to you about your care.

What is a living will?

In North Carolina, a living will is a document that tells others that you want to die a natural death if you are at the end of life.  In a living will, you can direct your doctor not to use life prolonging measures that would delay your dying or to stop such treatments if they have been started. You can also direct your doctor not to begin or to stop giving you food and water through a tube (artificial nutrition or hydration).

What is a Health Care Power of Attorney?

In North Carolina, you can name a person to make medical/mental health care decisions for you if you later become unable to decide yourself. This person is called your "health care agent." In the legal document you name who you want your agent to be. You can say what medical treatments/mental health treatments you would want and what you would not want. Your health care agent then knows what choices you would make.

How should I choose a health care agent?

You should choose an adult you trust and discuss your wishes with the person before you put them in writing.

What is an advance instruction for mental health treatment?

In North Carolina, an advance instruction for mental health treatment is a legal document that tells doctors and health care providers what mental health treatments you would want and what treatments you would not want, if you later become unable to decide yourself. The designation of a person to make your mental health decisions, should you be unable to make them yourself, must be established as part of a Health Care Power of Attorney.

How do I make an advance directive?

You must follow several rules when you make a formal living will, health care power of attorney or an advance instruction for mental health treatment. These rules are to protect you and ensure that your wishes are clear to the doctor or other provider who may be asked to carry them out. A living will, a health care power of attorney and an advance instruction for mental health treatment must be written and signed by you while you are still able to understand your condition and treatment choices and to make these choices known. Two qualified people must witness all three types of advance directives. The living will and the health care power of attorney also must be notarized.

Are there forms I can use to make an advance directive?

Yes. There is a living will form, a health care power of attorney form and an advance instruction for mental health treatment form that you can use. These forms meet all of the rules for a formal advance directive. Using the special form is the best way to make sure that your wishes are carried out.

When does an advance directive go into effect?

In a living will, you decide when it should go into effect by indicating in the document what medical conditions will trigger the living wills instructions.  The powers granted by your health care power of attorney go into effect when your doctor states in writing that you are not able to make or make known your health care choices.

What happens if I change my mind?

You can cancel your living will anytime by informing your doctor that you want to cancel it and destroying all the copies of it. You can change your health care power of attorney while you are able to make and communicate your decisions, by signing another one and telling your doctor and health care agent of the change. You can cancel your advance instruction for mental health treatment while you are able to make and communicate your decisions, by telling your doctor or other provider that you want to cancel it.

Whom should I talk to about an advance directive?

You should talk to those closest to you about an advance directive and the feelings about the health care you would like to receive. Your doctor or health care provider can answer medical questions. A lawyer can answer questions about the law. Some people also discuss the decision with clergy or other trusted advisors.

Where should I keep my advance directive?

Keep a copy in a safe place where your family members can get it. Give copies to your family, your doctor, or other health/mental health care provider, your health care agent, and any close friends who might be asked about your care should you become unable to make decisions. You may ask for a copy of your living will to be placed in a registry maintained at Gaston Memorial Hospital.

What if I have an advance directive from another state?

North Carolina law says that a valid advanced directive from another state is valid in North Carolina.  This facility will honor an advanced directive from another state if the advance directive would be honored in that state.  We also recognize the right of patients to accept or reject offered medical or surgical treatment, to the extent permitted by law. Additionally, it is our policy to provide you with written information regarding advance directives. This brochure is part of that information process.

Upon admission to this facility, our staff will ask you whether you have signed an advance directive, and document your response in your medical record. If you have already signed an advance directive, you will be asked to provide copies for your medical record. If we do not receive a copy, your wishes may not be fully followed.

If you have not signed an advance directive but desire to do so, please let someone on our staff know. Whether or not you have signed an advance directive, you will receive the same quality of treatment from us.

If you want more information, please call 704-834-2863 and you will be referred to the appropriate Guest Services staff member.