When I prepare estate planning documents for a client, they most often include a health
care surrogate designation and a living will. They never include a “Do Not Resuscitate” form
(DNR), which is prepared by a health care provider. To understand why, let’s look at the
differences.
A health care surrogate designation is known as a health care power of attorney in some
states. If you sign a health care surrogate, you have appointed a person to make decisions regarding
your health if it is determined by your doctors that you are no longer able to make a meaningful
decision on your own, or if you physically cannot communicate such a decision. This
determination can be made in a variety of situations, not just when a person is terminally ill. Most
commonly, I see health care surrogate forms used in cases of dementia or a stroke, in which the
person can survive for years, but be unable to make medical decisions.
A Living Will is a companion document to the health care surrogate designation, but it is
employed in very limited situations. If you sign a living will, you are stating that do not want to
receive extraordinary measures to keep you alive if you are: in a persistent vegetative state, in an
end stage condition, or at the end of a terminal disease. In Florida, you specify whether you decline
to receive extraordinary measure, such as a heart/lung machine, and in addition, whether you do
or do not want artificial feedings, such as feeding tubes or intravenous feeding. In order for a living
will to be effective, two physicians must certify that you have no medical probability of surviving
your condition, and that extraordinary measures and feeding tubes will only artificially prolong
your death.
A DNR, on the other hand, is more extreme in its effect and should be signed in even more
limited circumstances. It is a document that is prepared by and must be signed by a medical
professional. In Florida, it is a specific form created by the Florida Department of Health. If you
have one, it instructs any person responding to an emergency, such as an EMT, not to use methods
such as chest compression or defibrillation to bring you back from a cardiopulmonary or
respiratory event. This means that if you suffer a life-threatening event, emergency services will
not revive you, even if you are not otherwise terminally ill. This instruction obviously does not
allow for a physician to make any type of diagnosis as to your condition.
Accordingly, when a client calls me and tells me that they want a “Do Not Resuscitate”
form, I know that this is generally not what they really mean. A person who is otherwise healthy
but wants to provide for declining mental health or a possible terminal situation should sign a
health care surrogate designation and/or living will. Only a person who is truly ready to die without
allowing for time for a diagnosis by his or her physician should sign a DNR.