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  Cancer Legal Issues

There are a number of legal issues that cancer patients may want to consider. All adults should decide who will make decisions for them if they become unable to act on their own behalf. Your doctor, hospital social worker or administrator will be able to help you through these decisions. Below are some guidelines for discussions with your doctors, family and loved ones to help you understand the medical, legal, and personal choices you may face in the future.

Informed Consent: Prior to performing most procedures, your physician will ask you to sign an “informed consent” form. By signing the form, it means you agree to the procedures, and that you understand the risks and benefits. Your doctor will explain the procedure. You should have an opportunity to ask all of your questions. Your doctor will also explain to you what choices you have about the available treatments. Make sure you read the consent form before you sign it. When you sign the form, you are giving permission for your doctor to treat you. You are not absolving your doctor of negligence. If you do not agree with any part of it, cross out that part and initial it.

Access to Your Medical Records: You have a right to obtain an updated copy of your medical records. You will have to sign a release form to get that copy. The clerk who works in your doctor’s office can help you fill out the papers. You might have to pay a fee to obtain your records. It is a good idea for you to keep current copies of all your medical records.

Last Will and Testament: You should have a personal plan instructing your survivors about your wishes. Every adult should have a legal will. You can be as specific or as general as you wish. Items to include in the Will are who will take care of your children and who will receive your assets after you die. This is a legal document that should be written with the aid of a lawyer. It can be changed at any time.

Living Wills: This is a set of instructions documenting your wishes about medical care during any time when you are unable to communicate or make decisions. Everyone has the right to accept or refuse medical care. A Living Will protects your rights and removes the burden of making decisions from family, friends, and physicians. When drafting your Living Will, consider these types of care: the use of life-sustaining equipment (ventilators and respirators), “do not resuscitate orders” (instructions about the use of CPR), artificial hydration and nutrition (tube feeding), comfort care, and organ and tissue donation. Once a Living Will has been drawn up, you may want to talk about your decisions with your loved ones. The document should be signed and witnessed. Make copies of the document and give copies to your doctor, hospital and next of kin.

Healthcare Proxy: A person you appointed to make your medical decisions if you are unable to do so. Generally, people assign someone they know well and trust to represent their wishes when they can no longer do so.

Durable Power of Attorney for Healthcare: This is the legal document that names the healthcare proxy. Once written, it should be signed, dated, witnessed, notarized, copied, and placed in your medical record.

Durable Power of Attorney for Finances: You may also want to appoint someone to manage your financial affairs if you cannot. This is a legal document that is separate from the Durable Power of Attorney for Healthcare. This could be the same person or a different person than the one handling the healthcare issues.

Advance Directive: This is a legal document giving instructions about your end-of-life care wishes, if you cannot communicate. This allows you to appoint someone you know and trust to make healthcare decisions for you when you cannot. The hope is that clear communication about your wishes will help to avoid confusion later on. Making these difficult decisions when you are well, removes a heavy burden from you and your loved ones later. You can obtain a simple legal form that allows you to do this. Many hospitals have Living Will and Advance Directive forms. Be aware that this does not give your specified agent control over your financial affairs or the authority to pay your bills. Advance Directives can be modified as a person’s situation changes. Even after Advance Directives have been signed, patients can change their minds at any time.

Source: breastcancer.uchc.edu



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