Rights and Documents Matrix
| Legal Document | Description | Rights Associated | Who it affects and how |
| Example: Living will | Example: Legal document in which a person expresses in advance his or her wishes concerning the use of artificial life support or other medical treatments To be referred to should the person be unable to communicate such wishes at the end of life A living will usually goes into effect only when two physicians certify that a patient is unable to make medical decisions. | Example: This document serves to protect the right of self-determination, including autonomy, personal choice and decision making, and independence of the individual. This helps to protect the rights and wishes of the individual even if he or she is no longer competent, others have a different opinion, or the individual has no one to make decisions on his or her behalf. | Example: Individual: Allows for the honoring and protection of their wishes concerning care at the end of lifePhysicians or providers of care: Wishes of the patient may or may not align with the provider’s opinion for care or general care practices. May involve ethical or moral dilemmas Conflict sometimes occurs between patient wishes and family wishes. Physician is in the middleFamily: May or may not agree with their loved ones choices or decisions May lead to emotional strain and a fight to have living will overturned or nullified (legal battle) |
| DescriptionGrants another person authority to act in your behalf. Gives legal permission to someone else to act for you when you are unable to do so. A special power of attorney called “durable” is different from the regular one. The “durable” continues the agency relationship past when the patient is unable to help themselves (or they become incapacitated). Helps the patient to have legal representation inexpensively. | Rights AssociatedTo act in your behalf when absent; to act in your behalf when you are incapacitated; to act in your behalf in a certain specific situation. The first power of attorney takes over immediately as soon as the durable power of attorney is executed. The second “springs” into effect whenever a particular or specific occurrence happens, possibly like the inability of the patient to help themselves. | Who it affects & howThis type of document specifies a certain individual to make decisions for you when you are either not there to make them for yourself or unable to make them. Such as in the event of a hospitalization or surgery. It is to give help to loved ones when difficult decisions arise and you want your desires to be carried out. The durable power of attorney or powers of attorney have been created in order to help deal with those decisions that would either involve the patient’s property management or their health care. | |
| Advanced directiveNaming someone to make health decisions for you | Also sometimes known as a Living Will, this covers your loved ones to make health care decisions for you. The name and address of the individual who will be making your health decisions (if you can not take care of yourself). You will also give your name, address, social security number and your date of birth. | This allows you to appoint someone to act in your behalf when you are unable to help yourself. It can go so far as to bring about (involve) your right to live or die. Should you decide death is the way you want to go, you can do it with dignity. Also an advanced directive can express for you how much you want done or if you do not wish anything handled for you when you can no longer voice your concerns for yourself. This is not necessarily for only those older individuals. It can be used on younger people as well. | Using this type of document, it can give you a voice to be heard when you are incapacitated and unable to speak at the time. The Living Will or Advanced Directives can give you an opportunity to choose somebody who can handle your decisions on health care for you. The time may come about when you are unable to give or refuse the treatment or procedures, and this type of document will assure the medical facility and staff members of your intentions. |
| Do not resuscitate (DNR)In actuality, this is another form of an Advanced Directive. | Do Not ResuscitateThis is a request for no cardiopulmonary resuscitation to be administered if your heart stops or you stop breathing. One’s family member or a friend can give the necessary consent to request a Do Not Resuscitate order.The only time this would differ is when you cannot decide for yourself and at that point had not given somebody the decision to do it for you. | This document assists the medical facility or EMT’s not to administer CPR because the action may not work and thus prove to be futile; or, you have decided not to endure any more treatments or tests. You can make the request or someone of your choosing can ask for the necessary request form to not resuscitate you. Should you become incapacitated and not able to do this on your own, the person you chose to represent you would file the DNR order. | If you had CPR administered to you, it could impose a tremendous burden upon you and/or your family members, as we look at your current medical condition along with the anticipated results of the CPR. Your family members or friend would be able to take and issue the DNR order because you may be terminally ill or unable to help yourself. |
| Informed consentThe patient chooses their health care from information given to them by their doctors. | Patient has direct choices with what happens to them. This process as it relates to the patient’s comprehension of what is involved for their treatment and the benefits of same is what is known as informed consent. After all, as a patient you can make the decisions regarding your health and other medical conditions. That is your right. | This document comes from the legal right as well as the ethical right of the patient to be involved in their own health care. It is the ethical duty of the patient’s physician to have the patient be given the opportunity to make the necessary decisions regarding their health care. | This method of informing the patient has a very important goal, and that is for the patient to be given the opportunity to participate and be informed in their own health care. To do so would include learning the type of decision or procedure to be used; be given reasonable alternatives in the intervening of the care; if there are any risks or benefits relative to each of the alternatives given; and of course the consent or acceptance of the intervention by the patient. |
| GuardianshipResponsible for Care of another person | Guardianship gives a person the legal right to act for and be responsible for the care, health care, living space such as an apartment/home, food, and anything that might be required or necessary for the care of the person when that person has been classified as being partially or fully incapable of caring for themselves. | The person has the right to a court-appointed doctor or other professional in the examining of the person who is said to be incapacitated. The incapacitated person has the right to refuse this appointment. At this point a trial would be held. At its end the judge would make the decision for either the appointment of a guardian or not. | Each state is different but the person who requests guardianship must file a petition. This must be filed accompanied by medical affidavits, sworn statements indicating the person’s inability to take care of themselves. The person who is eventually court- appointed tells the person that they are now their guardian. The guardian informs the person of their legal rights and then sends that information regarding the person’s wishes back to the Court. |
| HIPAA 1996The Health Insurance Portability and Accountability Act of 1996 (HIPAA) | Requires physicians to protect medical information on their patients. This is due to the new Federal regulations protecting the security and privacy of any and all information collected from their patients. When they pay their bills electronically, the patients need to be aware of the new method of transactions when paying their bills or submitting a claim. | The Privacy Rule is one of the major goals of the Federal government to ensure a person’s health information is being protected properly. This would permit the rhythm of health information required to give and promote the highest quality in health care. It would also protect the regular public’s well-being and that person’s health. | This Privacy Rule zeros in on a balance that would permit what the important uses of information would be, at the same time it would protect the privacy of those individuals who would be seeking the necessary healing and care. The Rule has been devised in such a way as to be adaptable and far-reaching as it strives to encompass its many uses. |
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