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Medical advances are helping
severely brain-damaged and
comatose patients prolong their
lives through various means,
such as breathing, feeding, and
hydration tubes. Some people
place great value on planning
ahead for such situations and
making important decisions
before they are no longer able
to do so. With the recent
attention paid to the Terri
Schiavo case, the issue of
making a living will is on all
of our minds.
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Jackie Arredondo |
Gabriella
Edwards-Holguin |
Mayna Nevarez |
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A
living will, a type of advance
directive, is a legal document
detailing the type of medical
interventions you do and do not
want to receive in the event
that you are incapacitated at
the time they need to be made.
This spares your loved ones from
being forced to make tough
decisions for you, and it gives
you a say in your medical
treatment when you can no longer
speak for yourself. Living wills
should be frequently updated;
your feelings about your life
and medical care change, and
what you want for yourself today
might not be what you’d want for
yourself in 15 or 20 years.
Another kind of advance
directive is the durable power
of attorney for health-care
decisions, or the health-care
proxy. With a durable power of
attorney, you choose a person
over age 18 whom you trust to
make your medical decisions for
you when you can’t do so for
yourself. This person becomes
your health-care agent, or
proxy, and his or her decision
takes effect as soon as you lose
the ability to make your own. He
or she has no legal obligations
and is not responsible for the
financial costs associated with
treatment.
Advance-directive forms are
relatively easy to fill out.
Some are even available online.
Nonetheless, many Latinas still
don’t have one. Studies have
shown that fewer Hispanics
complete living wills than
people of other ethnic
backgrounds.
So why aren’t Latinas getting
around to writing their living
wills? Distrust for doctors and
lack of affordable health
insurance may scare some away.
They may fear that if their
living wills state that they
don’t want to be kept alive by
machines, doctors may not do
enough for them.
“I don't have one,” says Mayna
Nevarez, president and founder
of Nevarez Communications, “but
I've been giving it some serious
thought after the Terri Schiavo
case and the death of my uncle
this past November. Even though
he was a lawyer and had helped
several people with their living
wills, he didn't have one! I
don't think that people should
be afraid of writing one at
all.”
Orianna Morales, a broker from
Ft. Lauderdale, Fla., adds her
two cents: “We tend to think
that we're invulnerable, and we
don’t want to worry about things
like a power of attorney. We
also tend to think that the
surviving spouse, and/or
children, will automatically
take on the burden. [The]
problem with that thinking is
that they may not be able to do
so, or even have the resources.”
A living will can be important
because verbally expressing your
feelings to your spouse or loved
ones may not be enough.
Gabriella M. Edwards-Holguin,
president of the Mexican
American Bar Association of El
Paso, warns: “Even if you
verbally expressed your wishes
to one of your loved ones, it
may be something that at that
moment the loved one simply can
not deal with—or perhaps they
disagree with your wishes and
want something other than what
you verbally expressed. Worse
yet, what if you have parents
and a spouse fighting over what
‘you would want’?”
For some married Latinas, the
issue is more about their
spouse’s future. “It's easier
for me to say that I'm for it
[living wills], because I really
believe that it relieves the
burden on my husband and my
family to determine what
decision needs to be made about
me. I don't want to use up my
insurance money, or taxpayer
money, or take up a hospital bed
just because I didn't make it
clear what I wanted beforehand.
I love my husband enough to know
that his happiness is important
after I'm gone,” says Claudia
Phillips, COO of Hispanic
Digital Network.
Latinas are generally a proud
breed, and they might never even
think of the possibility of not
being able to make decisions for
themselves. If they do think
about one day being in a
comatose state, they might have
strong feelings about whether or
not they’d like to be kept alive
by machines. “Absolutely not,”
says Jackie Arredondo, a
professional singer and a vocal
coach for Emilio Estefan’s new
reality show Voces de America.
“I would hate to be a burden on
my family, and I’d like to be
remembered healthy and well. Not
as a vegetable on a hospital
bed.” She goes on to say that
she would draw the line at a
year. “If they say that it’s
highly unlikely that my
condition will improve, then its
best to let me rest in peace”.
Kelly Rogel, an accountant from
New Jersey, echoes the same
feelings: “I would not want to
be kept alive if there is no way
I can communicate. If there is
no hope for me to ever be able
to communicate, I would want to
be taken off the machines.”
Kelly plans to write her living
will in about two years, as soon
as she buys her home.
For other Latinas, religion
plays a strong role. Assessing
and attending to a patients'
spiritual needs can be just as
important as attending to their
physical needs in end-of-life
care.
The Rev. Luis Cortés Jr.,
president of Esperanza USA,
says, “As clergy, we would like
to hold onto life as long as
possible, since we believe it to
be a gift from God. I am hopeful
that as a nation we learn of the
importance of having a living
will and the significance of
clearly expressing our wishes
with those we love. A vague
decision can and will almost
always lead to painful
soul-searching and
decision-making by guardians or
worse—courts and the legal
systems”.
Before making an advance
directive, it’s important to
understand your options. This is
true both for living wills and
for the selection of a
health-care proxy.
Edwards-Holguin recommends:
“First and foremost the person
you pick for a durable power of
attorney for health care should
be someone you trust, and
someone you think can carry out
difficult decisions on your
behalf.” Her first
recommendation is your spouse.
“He is usually the person who
will feel the most affected by
an event that may call for the
power of attorney to be
invoked,” Edwards-Holguin says,
“since presumably you are on
good terms and have the
day-to-day contact. He can best
make decisions for you and your
family especially if there are
minor children.”
Unmarried, divorced, or widowed
Latinas might turn next to a
parent or sibling. “These are
people who have known you all
your life and will want to help
honor your wishes and keep your
best interest at heart,” says
Edwards-Holguin.
In some cases, Latinas might
want to look outside of their
families. For example, says
Edwards-Holguin, “sometimes it
is harder for parents to hold
the power of attorney, because
they brought you into this world
and they tend to want to keep
you in it, no matter what.”
In any case, when choosing a
health-care proxy, it is
important to weight all the
factors. “You need to be the
judge of the various characters
of the above suggested people,”
says Edwards-Holguin. “If you
know your Mom believes in using
all means to keep someone alive
and you don't want to be hooked
up to machines, clearly you
don't want her making your
health care decisions for you.”
Everyone must make her own
decisions about end-of-life
care, and Edwards-Holguin
recommends thinking ahead. “I
look at it as taking care of
business and standing up for
yourself by leaving your wishes
documented in a way that will
ensure your voice is heard even
when you are unable to speak.”
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Quick Tips
• Anyone over the age of
18 who is of sound mind
can complete a living
will, and experts
recommend that you
prepare a living will
when you are healthy.
Take some time alone to
consider your feelings
and then speak with your
family and doctor. Make
a number of copies and
give them to your
doctors, family members,
and friends.
• The laws and rules for
filling out living wills
vary from state to
state. Some states
require that you list
which treatments you
want and don't want, in
a written, witnessed,
and notarized document.
Make sure you know the
laws for your state.
• A living will—as well
as a durable power of
attorney for health
care—can be revoked at
any time.
• You can fill out your
living will online at
sites like
www.lawdepot.com, where
all contracts are
drafted by lawyers and
regularly updated, and
are specific to
jurisdictions across the
United States and
Canada.
• After you have
prepared your advance
directive, consider
registering it with the
U.S. Living Will
Registry
(www.uslivingwillregistry.com)
so that your choices
will be available to
health-care providers
and your family wherever
and whenever needed.
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