Wills & DNRs

When faced with an asbestos cancer diagnosis, an individual must confront a host of different issues ranging from seeking proper treatment to planning for the future when they have passed on. Unfortunately, for mesothelioma patients, the cancer is often diagnosed late and no cure is yet available. Though some treatments help extend the victim’s life for a short time, it is necessary to face the reality of death and plan for that time in the not-so-distant future.

One of those essential tasks that must be accomplished is the writing of a will and the issuing of advanced directives for care, especially once the patient has entered the end stages of mesothelioma. Not only will the writing of these documents allow the individual to put their own wishes on paper but will also make decision making a lot easier for the family as their loved one gets closer to death.

Wills

A “Last Will and Testament” is a legal document that dictates how one’s personal affects and wealth will be distributed among survivors. Writing one assures the cancer patient that when he is gone his belongings will go where he wishes them to go. Anyone who dies without a will is said to be “intestate.” This means that the family will need to go through a process known as probate in order to settle the estate of the deceased. At this point, without a will, there is no guarantee that the deceased’s property will be divided as he would have planned.

It isn’t difficult to write a will. An attorney can help draw up the proper legal documents and make sure the Last Will and Testament is registered and in place before the individual passes away.

Living Wills

Another essential legal document is a Living Will. Many hospitals demand you have one before you enter their care. A living will, sometimes called a healthcare directive, puts in writing the patient’s decisions about what kind of medical care he will accept or decline. For example, if the patient does not wish to be placed on a respirator or be fed through a tube, he can indicate that on the living will. However, in many states, living wills can be overridden by family members. That’s why it’s necessary that the patient take time to discuss his wishes with his family to ensure they are followed.

DNRs

A DNR – a “Do Not Resuscitate” order – is also a legal document, signed by a physician at the request of the peritoneal mesothelioma patient or the patient’s legal representative. If the patient has submitted a DNR, the medical team is not allowed to resuscitate in the event of a respiratory or cardiac arrest. Doctors are bound by law to follow a DNR, as long as they know it exists. Hence, it’s necessary to make sure it is included in hospital files.

Note that DNRs don’t always apply in out-of-hospital situations, such as at home in the presence of an emergency medical worker. Some states now have out-of-hospital DNR programs for these purposes. Consult an attorney for more information.

Source

American Society of Clinical Oncology
www.cancer.net

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