Wills and DNRs
Mesothelioma is, unfortunately, an incurable disease. For many, that prompts the need to address a number of end-of-life issues, including wills, living wills, power of attorney and do-not-resuscitate orders that can affect how and when you die.
When it comes time to draw up these documents, remember that you - the patient - do not need to do these things alone, though many people prefer to keep these issues private. If it's difficult for you to handle these things on your own, ask a trusted friend or family member to help you. They can help you find a lawyer who can properly draw up any legal documents necessary.
Last Will and Testament - This is the document that instructs how your estate will be distributed upon your death. Many people have these documents written long before they are diagnosed with a terminal disease in case of an accident or untimely death. Having a will is quite important as the lack of such can cause your family serious problems upon your death. If you die "intestate" (without a will), your estate will be subject to probate and those whom you want to receive money or property from your estate may never receive it. Undesignated funds may also cause arguments among family members.
Living Wills - Essential for use when you are no longer able to communicate your wishes, a living will outlines a patient's wishes for medical treatment. Also known as a "medical directive" or "healthcare declaration," this document includes the opportunity to either agree to or refuse any artificial life support, including connection to a respirator. This is just one document in the category known as "advance directives".
Do-Not-Resuscitate (DNR) Orders - Also belonging to the category of advance directives, this is a legal document signed by a licensed physician, which instructs doctors or other medical staff not to attempt resuscitation should you experience cardiac or respiratory arrest. This document should be discussed with your doctor and family members in advance so that they will understand how important it is for them to abide by your end-of-life wishes.
Medical Power of Attorney - Sometimes used instead of a living will, a medical power of attorney gives a surrogate the power to make medical decisions on your behalf when you are no longer able to do so. The surrogate is usually a close family member or friend. While some patients choose to create this document, many prefer the living will, which puts less of a burden on family members, especially the one who is chosen as surrogate.
For gay, lesbian, bisexual and transgender individuals, a mesothelioma cancer diagnosis may present very different issues and concerns. Because individuals in the gay community are prohibited by law from marrying, they are not entitled to the same financial and legal rights as heterosexual married couples. It may be difficult for a gay couple to prepare a living will or medical power of attorney document when beginning mesothelioma treatment and it may also be more complicated to determine financial issues related to medical insurance and benefits. Members of the gay community who suffer from mesothelioma may also have a difficult time finding support from a doctor or others, as many in the healthcare field are unfamiliar with the emotional impact that cancer may have on gay, lesbian, bisexual and transgender patients, their partner, and their family.
Remember, these are simply legal documents and can be changed at any time. If you're not comfortable with something you've included in your will, living will, DNR, or medical power of attorney, you are free to make changes. Be sure, however, that the changes are done with a help of a lawyer and are within the rules of the state in which you live. Above all, always be sure your family knows where the documents are being kept so that they are easily obtainable upon your incapacitation or death.
Last modified: February 15, 2010.
