Living wills and health care powers of attorney are essential documents for anyone who wants to put their health care wishes in writing. However, these health care directives may not be immediately available in an emergency. You may want to also make a Do Not Resuscitate (DNR) order because it will be more easily apparent to emergency response teams. Some states are supplementing or replacing DNR orders with a similar form, often known as a Physician Orders for Life-Sustaining Treatment (POLST) form. This article discusses both documents.
A DNR order tells emergency medical personnel that you do not wish to be administered cardiopulmonary resuscitation (CPR). DNR orders are used both in hospitals and in situations where a person might require emergency care outside of the hospital. In some states, DNR orders go by a different name, such as “Comfort One.” In other states, if you are using the document outside of a hospital or other health care facility, the document may simply be called a “DNR form.” Here, we use “DNR order” because that is the most common name for the document.
You may want to consider a DNR order if you:
- Have a terminal illness
- Are at significant risk for cardiac or respiratory arrest, or
- Have strong feelings against the use of cardio pulmonary resuscitation (CPR) under any circumstances.
In most states, any adult may secure a DNR order.
Because emergency response teams must act quickly in a medical crisis, they often do not have the time to determine whether you have a valid health care directive explaining treatments you want provided or withheld. If they do not know your wishes, they must provide you with all possible life-saving measures. But if emergency care providers see that you have a valid DNR order—which is often made apparent by an easily identifiable bracelet, anklet or necklace—they will not administer CPR.
If you ask to have CPR withheld, you will not be given:
- Chest compression
- Electric shock treatments to the chest
- Tubes placed in the airway to assist breathing
- Artificial ventilation, or
- Cardiac drugs.
If you want a DNR order, or if you would like to find out more about DNR orders, talk with a doctor. In most states, a doctor’s signature is required to make the DNR valid—he or she will often need to obtain and complete the necessary paperwork. If the doctor does not have the form or other information you need, call the Health Department for your state and ask to speak with someone in the Division of Emergency Medical Services.
Many states are starting to use a form that is similar to a DNR order but differs in a few important ways. The form is most often called Physician Orders for Life-Sustaining Treatment (POLST). A POLST form may be used in addition to—or instead of—a DNR order.
Like a DNR order, a POLST tells emergency medical personnel and other medical providers whether or not to administer (CPR) in case of emergency. A POLST is often prepared to ensure that different health care facilities and service providers (including EMS personnel) understand a patient’s wishes. In most states, a POLST form is printed on brightly colored paper so it will easily stand out in a patient’s medical records. To be valid, the form must be signed by a doctor or other approved health care professional.
Unlike a DNR order, a POLST form includes directions about life-sustaining measures—such as intubation, antibiotic use and feeding tubes—in addition to CPR. The POLST form helps to ensure that medical providers will understand your wishes at a glance, but it is not a substitute for a thorough and properly prepared health care directive.
When you enter a hospital, hospice, or other health care facility, a member of the staff may ask whether you want to complete a POLST form. If not, you can ask for one.
To learn more about POLST forms, see POLST Forms in Your State. (The name used by a POLST may vary by state.)
What to Do After Making a DNR Order or POLST Form
If you obtain a DNR order or make a POLST form, discuss your decision with your family or other caretakers. If you are keeping a DNR form at home, be sure that your loved ones or caretakers know where it is. Even if you are wearing identification, such as a DNR bracelet or necklace, keep your form in an obvious place. You might consider keeping it by your bedside, on the front of your refrigerator, in your wallet or in your suitcase if you are traveling. If your form is not apparent and immediately available, or if it has been altered in any way, CPR will most likely be performed.
If you need legal advice in managing an estate, trust or other elder law issue, the Law Office of Scott C. Painter can help. We specialize in elder law issues ranging from nursing home planning, guardianship, wills, trusts, estates, veteran’s benefits, and other related legal matters. Attorney Scott Painter is CELA® certified under the National Elder Law Foundation (NELF).
A call to us is free, and the best advice is to act now to educate yourself about your options. Waiting to seek legal counsel may limit your options and be costly. Call now for your free consultation 610-378-5140 or visit https://painterelderlawpc.com/ for more information.