MS’s New POST Gives Power to Personal Health Decisions

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One essential part of every personal estate plan is the Advance Health-care Directive (AHCD). This document allows you to name the persons who would have authority to make medical or health-care decisions for you if you become unable to make such decisions. The AHCD also permits you to state your wishes regarding heroic life-sustaining medical treatment in the event of terminal or life-shortening health conditions or circumstances.

An Advance Health-care Directive cannot predict future health situations the maker may encounter, the agent may not be reachable or available when a medical emergency arises, or the maker’s wishes may change at such a time and the agent may be unaware of the change. Mississippi has attempted to address these problems with the new Physician Order for Sustaining Treatment (POST) Act. This document is developed by the maker and the maker’s doctor to make specific provisions for care when the maker has advanced illness or chronic health conditions.

The “Mississippi Physician Order for Sustaining Treatment (POST) Act” became effective July 1, 2014. It provides for a standardized form to be executed by the maker (or maker’s guardian or conservator) and the maker’s primary physician. The form will contain essential personal information about the maker and a statement that it is to be reviewed at least annually. It will address the following matters pertaining to the maker’s current health care decisions made in consultation with the physician:

• Section A – circumstances under which to provide CPR;
• Section B – whether to provide Full Sustaining Treatment, Limited Interventions (no intubation or mechanical ventilator), or Comfort Measures (relief of pain) if condition deteriorates
• Section C – extent to which antibiotics are to be used
• Section D – instructions regarding administration of fluids and nutrition, including feeding tube for extensive, limited or no period and fluids by IV
• Section E – information including whether the maker has an AHCD, who the agents are, and the required signatures of the maker, primary physician’s name, and name of the professional preparing the form (if other than the physician).

There are some likely advantages of having a Physician Order for Sustaining Treatment for a person with advanced illness. Because it is a physician’s order, and is in medical “code” language, it is more likely to be understood and complied with by medical professionals. It contains more specific wishes on end-of-life decisions, such as CPR, level of emergency interventions, use of antibiotics and artificial nutrition and hydration. It is to be reviewed periodically, so is more likely to contain current wishes and decisions of the maker.

It is advisable that persons with advanced illnesses have an Advance Health-care Directive and a POST order. Such planning can ensure that such a person’s wishes and decisions about health care and medical treatment are carried out.

Our experienced Mississippi Elder Law Attorneys will be glad to assist you and your family in planning to protect your future!  Contact us today at 601-987-3000!