26 Jul 2021 To resuscitate or not – who decides?

Samuel and Grace are 85 years of age. They are both affected by various serious illnesses which have caused them to be despondent and anxious about the quality of their lives. They decide that they have lived long and happy lives and do not wish to prolong the pain and discomfort they experience. They decide to take overdoses of their medication and agree that they do not wish to place their two children in a difficult situation, so they will not tell them of their plan. They prepare a lengthy letter to the family indicating that they have lost the Will to live and have decided that they can no longer cope with the declining state of their physical and mental health.

Samuel and Grace take their respective overdoses and fall into deep sleep. Their daughter, Samantha, arrives at their home some three hours after the overdoses and finds her parents in what appears to be a comatose state. She cannot wake them and calls an ambulance which arrives shortly after.

The ambulance officers advise Samantha that her mother is deceased, however, her father is showing vital signs and he is quickly taken to hospital where he is being examined by medical staff.

The hospital staff are advised that a person by the name of Charles is insistent on seeing the doctors in relation to Samuel. Charles presents a document which indicates that he is Samuel’s Medical Treatment Decision Maker. He advises the doctors that they must not resuscitate Samuel as he had made it clear to Charles that in such circumstances he did not want to be resuscitated.

Samantha is outraged and demands that the doctors do what they can to treat her father.

The doctors consider the approach by Charles and consult with the Hospital’s lawyers. They are advised that the Power of Attorney (Medical) presented by Charles does not have the authority claimed by Charles. They ask Charles if he has a copy of an Advanced Care Directive setting out Samuel’s medical treatment directives. Charles indicates that he is unaware of such a document.

Samuel is resuscitated and after a lengthy period of medical treatment it is determined that he is unable to live independently and needs high level care. His children arrange for him to be placed in a nursing home.

Advanced Care Directive:
In the absence of an Advanced Care Directive medical practitioners will make treatment decisions based on their assessment of your best interests. Samuel did not have an Advanced Care Directive and the doctors were not able to take Charles’ word that it was Samuel‘s wish that he not be resuscitated.
The Advanced Care Directive enables you to document your health care values. It is a document which is designed to inform your Medical Power of Attorney, your family, your hospital, and your doctors of your medical treatment wishes to enable them to make decisions if you can no longer do so yourself.

Should you wish to discuss any aspect of Medical Powers of Attorney, including Advanced Care Directives contact Kerryn on 9397 2200 to arrange a discussion with one of our lawyers.

Maighan Dowling
Para-legal