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All references made in accordance with Wyoming Health Care Decisions Act of 2005
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An advance health care directive
The Wyoming Health Care Decisions Act of 2005
Power of Attorney for Health Care
Living Wll
An agent
Artificial nutrition
Capacity
Community care facility
Emancipated minor
Guardian
Health care
Health care provider
Primary physician
Surrogate
Witnesses
Nomination of a guardian
Immunities
Statutory damages
It is not mandatory that you have an Advance Health Care Directive, however it is highly recommended. Federal law requires that you be told of your right to make an advance directive when you are admitted to a health-care facility.
According to Wyoming law, any individual 18 years of age or more and of sound mind may execute a declaration governing the withholding or withdrawal of life-sustaining treatment.
The Wyoming Health Care Decisions Act of 2005 allows for more then one Advance Health Care Directive form.
We provide you with a choice of purchasing the Advance Health Care Directive that consists of 4 (four) parts: Part 1 is a Power of Attorney for Health Care; Part 2 is a Living Will (your directive to physicians); Part 3 addresses organ donation desires; Part 4 is a designation of a primary health care provider. You are not required by law to complete all four parts of this document.
If you do not want to complete the “Wyoming Advance Health Care Directive” you may chose to purchase a “Durable Power of Attorney for Health Care” that allows you to appoint a health care agent only.
Before you start working on your Advance Health Care Directive you should know basic important definitions. These definitions are made in the STATE OF WYOMING HEALTH CARE DECISIONS ACT, effective July 1, 2005.
"Advance health care directive" means an individual instruction or a power of attorney for health care, or both;
"Agent" means an individual designated in a power of attorney for health care to make a health care decision for the individual granting the power;
"Artificial nutrition and hydration" means supplying food and water through a conduit, such as a tube or an intravenous line where the recipient is not required to chew or swallow voluntarily, including, but not limited to, nasogastric tubes and intravenous infusions.
Artificial nutrition and hydration does not include assisted feeding, such as spoon or bottle feeding;
"Capacity" means an individual's ability to understand the significant benefits, risks and alternatives to proposed health care and to make and communicate a health care decision;
"Community care facility" means a public or private facility responsible for the day-to-day care of persons with disabilities;
"Emancipated minor" means a minor who has become emancipated as provided in W.S. 14-1-201 through 14-1-206;
"Guardian" means a judicially appointed guardian or conservator having authority to make a health care decision for an individual;
"Health care" means any care, treatment, service or procedure to maintain, diagnose or otherwise affect an individual's physical or mental condition;
"Health care decision" means a decision made by an individual or the individual's agent, guardian, or surrogate, regarding the individual's health care, including:
- Selection and discharge of health care providers and institutions;
- Approval or disapproval of diagnostic tests, surgical procedures, programs of medication and orders not to resuscitate; and
- Directions to provide withhold or withdraw artificial nutrition and hydration and all other forms of health care.
"Health care institution" means an institution, facility or agency licensed, certified or otherwise authorized or permitted by law to provide health care in the ordinary course of business;
"Health care provider" means any person licensed under the Wyoming statutes and practicing within the scope of that license as a podiatrist, chiropractor, dentist, nurse, optometrist, pharmacist, physical therapist, physician, surgeon, psychologist or respiratory care practitioner;
"Individual instruction" means an individual's direction concerning a health care decision for the individual;
"Physician" means an individual authorized to practice medicine under the Wyoming Medical practice Act;
"Power of attorney for health care" means the designation of an agent to make health care decisions for the individual granting the power;
"Primary physician" means a physician designated by an individual or the individual's agent, guardian or surrogate, to have primary responsibility for the individual's health care or, in the absence of a designation or if the designated physician is not reasonably available, a physician who undertakes the responsibility;
"Reasonably available" means readily available to be contacted without undue effort and willing and able to act in a timely manner considering the urgency of the patient's health care needs;
"Residential care facility" means a public or private facility providing for the residential and health care needs of the elderly or persons with disabilities or chronic mental illness;
"Supervising health care provider" means the health care provider who has undertaken primary responsibility for an individual's health care;
"Surrogate" means an adult individual or individuals who:
- Have capacity;
- Are reasonably available;
- Are willing to make health care decisions, including decisions to initiate, refuse to initiate, continue or discontinue the use of a life sustaining procedure on behalf of a patient who lacks capacity; and
- Are identified by the supervising health care provider in accordance with this act as the person or persons who are to make those decisions in accordance with this act.
In the absence of a designation of a surrogate, or if the designee is not reasonably available, it is suggested that any member of the following classes of the patient's family who is reasonably available, in descending order of priority, may act as surrogate:
- The spouse, unless legally separated;
- An adult child;
- A parent;
- A grandparent;
- An adult brother or sister;
- An adult grandchild.
If none of the individuals eligible to act as surrogate is reasonably available, an adult who has exhibited special care and concern for the patient, who is familiar with the patient's personal values, and who is reasonably available may act as surrogate.
"Witnesses". Who can not be a witness.
None of the following shall be used as a witness for a power of attorney for health care:
- A treating health care provider or employee of the provider;
- The attorney-in-fact nominated in the writing;
- The operator of a community care facility or employee of the operator or facility;
- The operator of a residential care facility or employee of the operator or facility.
Unless otherwise specified in a power of attorney for health care, the authority of an agent becomes effective only upon a determination that the principal lacks capacity.
Unless otherwise specified in a written advance health care directive, a determination that an individual lacks or has recovered capacity, or that another condition exists that affects an individual instruction or the authority of an agent, must be made by the supervising health care provider.
An agent shall make a health care decision in accordance with the principal's individual instructions, if any, and other wishes to the extent known to the agent. Otherwise, the agent shall make the decision in accordance with the agent's determination of the principal's best interest. In determining the principal's best interest, the agent shall consider the principal's personal values to the extent known to the agent.
A health care decision made by an agent for a principal is effective without judicial approval.
A written advance health care directive may include the individual's nomination of a guardian of the person.
An advance health care directive is valid for purposes of the Wyoming Health Care Decisions Act if it complies with this act, regardless of when or where executed or communicated.
Health care information.
Unless otherwise specified in an advance health care directive, a person then authorized to make health care decisions for a patient has the same rights as the patient to request, receive, examine, copy and consent to the disclosure of medical or any other health care information.
Immunities
- A health care provider or institution acting in good faith and in accordance with generally accepted health care standards applicable to the health care provider or institution is not subject to civil or criminal liability or to discipline for unprofessional conduct for:
- Complying with a health care decision of a person apparently having authority to make a health care decision for a patient, including a decision to withhold or withdraw health care;
- Declining to comply with a health care decision of a person based on a belief that the person then lacked authority;
- Complying with an advance health care directive and assuming that the directive was valid when made and has not been revoked or terminated;
- Providing life-sustaining treatment in an emergency situation when the existence of a health care directive is unknown; or
- Declining to comply with a health care decision or advance health care directive because the instruction is contrary to the conscience or good faith medical judgment of the health care provider, or the written policies of the institution.
- An individual acting as agent or surrogate under this act is not subject to civil or criminal liability or to discipline for unprofessional conduct for health care decisions made in good faith.
Statutory damages
- A health care provider or institution that violates this act willfully or with reckless disregard of the patient's instruction or health care decision is subject to liability to the aggrieved individual for damages of five hundred dollars ($500.00) or actual damages resulting from the violation, whichever is greater, plus reasonable attorney's fees.
- A person who intentionally falsifies, forges, conceals, defaces or obliterates an individual's advance health care directive or a revocation of an advance health care directive without the individual's consent, or who coerces or fraudulently induces an individual to give, revoke or not to give an advance health care directive, is subject to liability to that individual for damages of two thousand five hundred dollars ($2,500.00) or actual damages resulting from the action, whichever is greater, plus reasonable attorney's fees.
If there is anything about this Wyoming Advance Health Care Directive that you do not understand, you should ask a lawyer to explain it to you.
You should talk with your family, your health-care professional, and any agent or attorney-in-fact that you appoint
about your health care decision to make one or more advance directives. If they know what health care you want, they will find it easier
to follow your wishes. If you cancel or change the Wyoming Advance Health Care Directive in the future, remember to tell these same people about the change or cancellation.
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To better understand the health care and pecuniary related issues our legal articles, frequently asked questions, facts and other law related information may be of interest to you.
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