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Study Guide: Advance Healthcare Directives: Legal Frameworks and Global Perspectives

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Advance Healthcare Directives: Legal Frameworks and Global Perspectives Study Guide

Fundamentals of Advance Directives

An advance healthcare directive is exclusively known as a living will in the United States.

Answer: False

Explanation: The term 'advance healthcare directive' is a broad category that includes documents like living wills, personal directives, and healthcare proxies. A living will is one specific type of advance directive, not the exclusive term for it.

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In some countries outside the U.S., an advance healthcare directive is legally persuasive but not considered a formal legal document.

Answer: True

Explanation: The source material specifies that while an advance healthcare directive has legal status as a document in the United States, in some other countries it is considered legally persuasive rather than a formal legal document.

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The Five Wishes document in the United States is an example of a combined advance directive that integrates various aspects of advance care planning.

Answer: True

Explanation: The source identifies the Five Wishes document as an example of a combined directive in the U.S. that integrates multiple aspects of advance care planning into a single form.

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The legality of advance consent for advance healthcare directives is uniform across all jurisdictions.

Answer: False

Explanation: The legality of advance consent for these directives is not uniform; it depends on the specific jurisdiction.

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A living will can only provide general instructions and cannot be used to refuse specific medical treatments.

Answer: False

Explanation: A living will can be very specific, forbidding the use of various kinds of burdensome medical treatments and expressing wishes on services like hydration, feeding, and ventilators.

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A living will is activated only if the individual becomes unable to give informed consent or refusal due to incapacity.

Answer: True

Explanation: The source explicitly states that a living will is used only if the individual has become unable to give informed consent or refusal due to incapacity.

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Living wills do not require regular updating as they reflect a permanent decision.

Answer: False

Explanation: Living wills reflect a person's wishes at a specific moment and may need regular updating to ensure they remain relevant to evolving medical situations.

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Which of the following is NOT an alternative name for an advance healthcare directive mentioned in the source?

Answer: End-of-life testament

Explanation: The source identifies several alternative names for an advance healthcare directive, including living will, personal directive, medical directive, and advance decision. 'End-of-life testament' is not mentioned among these terms.

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What is the legal status of an advance healthcare directive in the United States?

Answer: It has legal status as a document.

Explanation: The source explicitly states that in the United States, an advance healthcare directive has legal status as a document.

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Why are individuals often encouraged to complete both a living will and a healthcare proxy?

Answer: To provide comprehensive guidance regarding their care.

Explanation: People are encouraged to complete both documents to provide comprehensive guidance, as a living will outlines specific wishes and a proxy appoints a person to make decisions.

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Under what condition is a living will typically activated?

Answer: If the individual becomes unable to give informed consent or refusal due to incapacity.

Explanation: A living will is activated only if the individual becomes unable to give informed consent or refusal due to incapacity.

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Historical Development and U.S. Legislation

Advance directives were primarily created to address the rising costs of medical care for the dying.

Answer: False

Explanation: Advance directives were created in response to the increasing sophistication and prevalence of medical technology that could prolong life, not primarily to address costs.

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The oldest form of advance directive is the healthcare proxy.

Answer: False

Explanation: The living will is identified as the oldest form of advance directive, predating the development of the healthcare proxy.

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Luis Kutner, an Illinois attorney, first proposed the living will in a law journal in 1967.

Answer: False

Explanation: Luis Kutner first proposed the living will in a speech in 1967, but it was subsequently published in a law journal in 1969.

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The U.S. Patient Self-Determination Act (PSDA) went into effect in December 1991, requiring healthcare providers to inform patients about their rights regarding advance directives.

Answer: True

Explanation: The PSDA became effective in December 1991, mandating that healthcare providers give patients information about their rights to make advance directives under state law.

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What was the primary driver for the creation of advance directives?

Answer: The increasing sophistication and prevalence of medical technology.

Explanation: Advance directives were created in response to the increasing sophistication and prevalence of medical technology, which allowed for more interventions to prolong life.

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Which form of advance directive is identified as the oldest?

Answer: The living will

Explanation: The source material identifies the living will as the oldest form of advance directive.

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Who first proposed the concept of a living will?

Answer: Luis Kutner, an Illinois attorney.

Explanation: The living will was first proposed by Illinois attorney Luis Kutner in a 1967 speech to the Euthanasia Society of America.

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When did the U.S. Patient Self-Determination Act (PSDA) go into effect?

Answer: December 1991

Explanation: The U.S. Patient Self-Determination Act (PSDA) went into effect in December 1991.

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What was the first formal response to societal pressure for end-of-life planning in the U.S.?

Answer: The living will.

Explanation: The living will is identified as the first formal response to the societal pressure for ways to plan for end-of-life care in the U.S.

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Evolution of Directive Types

A healthcare proxy is a type of advance directive that provides specific instructions for medical treatment, similar to a living will.

Answer: False

Explanation: A healthcare proxy appoints a person to make real-time decisions, whereas a living will provides pre-written instructions for hypothetical situations.

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Despite their popularity, living wills were found to have limitations, often failing to fully address presenting problems and needs.

Answer: True

Explanation: The source notes that as living wills became better recognized, key deficits were discovered, as they tended to be limited in scope and often failed to fully address presenting problems.

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Early power of attorney documents in the U.S. were primarily used to allow individuals to name someone to act in their stead regarding property affairs.

Answer: True

Explanation: The source states that early powers of attorney, based on common law, allowed an individual to name someone to act in their stead, which was later adapted for healthcare decisions.

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A healthcare proxy is authorized to make real-time decisions in actual circumstances, unlike advance decisions in a living will.

Answer: True

Explanation: A key distinction is that a healthcare proxy makes real-time decisions in actual circumstances, whereas a living will contains advance decisions framed in hypothetical situations.

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A study found that next-of-kin surrogates accurately predicted an incapacitated person's treatment preferences 90% of the time.

Answer: False

Explanation: A study found that next-of-kin surrogates chose correctly only 68% of the time, highlighting the difficulty in predicting another person's wishes without explicit guidance.

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A values history advance directive focuses on specific treatments and medical procedures rather than patient values.

Answer: False

Explanation: The goal of a values history is to shift the focus away from specific treatments and toward a patient's broader values and personal goals.

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A medical directive describes six case scenarios for advance medical decision-making, each linked to a roster of medical procedures.

Answer: True

Explanation: The source describes the medical directive as a document with six case scenarios, each associated with a list of medical procedures, allowing individuals to specify their choices in advance.

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What was a key deficit discovered about living wills as they became better recognized?

Answer: They tended to be limited in scope and often failed to fully address presenting problems.

Explanation: A key deficit of living wills was that they were often limited in scope and failed to fully address the specific problems and needs that arose in medical situations.

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What is the primary function of a healthcare proxy document?

Answer: To appoint a person, the proxy, who can make healthcare decisions on behalf of the granting individual in the event of incapacity.

Explanation: A healthcare proxy document's main purpose is to appoint a person (the proxy) to make healthcare decisions for the individual if they become incapacitated.

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What is a 'values history' in the context of advance directives?

Answer: A two-part instrument eliciting patient values about terminal medical care and therapy-specific directives.

Explanation: A values history is a two-part advance directive that elicits a patient's values regarding terminal care and provides therapy-specific directives, serving as an alternative to a conventional proxy.

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What is the primary goal of a values history advance directive?

Answer: To move away from a focus on specific treatments to a focus on patient values and personal goals.

Explanation: The goal of a values history is to shift the focus from specific medical treatments to the patient's broader values and personal goals.

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Psychiatric Advance Directives (PADs)

Psychiatric advance directives (PADs) are legal documents used by individuals to declare preferences for future mental health treatment.

Answer: True

Explanation: PADs are legal documents for individuals with legal capacity to declare their preferences for future mental health treatment in the event they are later unable to make decisions for themselves.

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All 50 U.S. states have passed legislation establishing authority for Psychiatric Advance Directives (PADs).

Answer: False

Explanation: The source states that in the decade prior to its publication, 25 states had passed legislation establishing authority for PADs, not all 50.

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A Duke University study found that creating a PAD with a trained facilitator decreases therapeutic alliance with clinicians.

Answer: False

Explanation: The study found the opposite: creating a PAD with a trained facilitator increases the therapeutic alliance with clinicians.

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National surveys in the U.S. indicate that most people targeted by coercive psychiatry laws have completed a PAD.

Answer: False

Explanation: National surveys show a large discrepancy: while about 70% would want a PAD, less than 10% have actually completed one.

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The more clinicians knew about PAD laws, the less favorable their attitudes were toward these practices.

Answer: False

Explanation: A survey showed a positive correlation: the more clinicians knew about PAD laws, the more favorable their attitudes were toward these practices.

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What is a Psychiatric Advance Directive (PAD)?

Answer: A written document describing what a person wants to happen if they are judged to have a mental disorder and are unable to decide for themselves.

Explanation: A PAD is a written document outlining a person's preferences for mental health treatment in the event they are later deemed unable to decide for themselves.

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How many U.S. states had passed legislation establishing authority for Psychiatric Advance Directives (PADs) in the decade prior to the source's information?

Answer: 25 states

Explanation: In the decade preceding the source's information, 25 U.S. states had passed legislation establishing authority for PADs.

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What does the Joint Commission on the Accreditation of Healthcare Organizations (JCAHO) require of behavioral health facilities regarding PADs?

Answer: To ask patients if they have PADs.

Explanation: The JCAHO requires behavioral health facilities to ask patients if they have a Psychiatric Advance Directive.

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According to a Duke University study, what is a clinical benefit of creating a PAD with a trained facilitator?

Answer: Increased therapeutic alliance with clinicians.

Explanation: A Duke University study demonstrated that creating a PAD with a trained facilitator increases the therapeutic alliance between patients and their clinicians.

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U.S. Societal Context and State-Level Implementation

Studies have consistently shown that medical care for the dying is often unnecessarily prolonged, painful, and expensive.

Answer: True

Explanation: The source confirms that numerous studies have documented critical deficits in the medical care of the dying, finding it to be unnecessarily prolonged, painful, expensive, and emotionally burdensome.

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Adults are more likely to complete advance directive documents if they are highly technical and focus on specific medical treatments.

Answer: False

Explanation: Studies indicate that adults are more likely to complete advance directive documents if they are written in everyday language and are less focused on technical treatments.

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By 2007, less than 10% of Americans had completed a living will.

Answer: False

Explanation: By 2007, the adoption rate was significantly higher; 41% of Americans had completed a living will.

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All U.S. states recognize the term 'living will' officially in their state law.

Answer: False

Explanation: While all states recognize some form of advance directive, not all use the official term 'living will.' For example, California law does not officially recognize the term.

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Pennsylvania's Act 169 of 2006 provides a comprehensive statutory framework for advance healthcare directives.

Answer: True

Explanation: In 2006, Pennsylvania's Act 169 was signed into law, providing a comprehensive statutory framework for advance healthcare directives and decision-making for incompetent patients.

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Some U.S. state living will registries have been closed due to high enrollment and sufficient funding.

Answer: False

Explanation: Some state living will registries have been closed due to low enrollment and a lack of funds, not high enrollment and sufficient funding.

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What was the adoption rate of living wills among Americans by 2007?

Answer: 41%

Explanation: By 2007, living wills had become very popular, with 41% of Americans having completed one.

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What proportion of U.S. deaths occur in healthcare facilities?

Answer: About a third

Explanation: The source states that about a third of U.S. deaths occur in healthcare facilities.

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How many people in the U.S. are kept alive in comatose or permanently vegetative states, according to the source?

Answer: As many as 30,000

Explanation: The source estimates that as many as 30,000 people are kept alive in comatose and permanently vegetative states in the U.S.

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What percentage of people, according to studies, would rather refuse aggressive medical treatment than have their lives medically prolonged in poor prognosis states?

Answer: 70-95%

Explanation: Studies indicate that a large majority, between 70% and 95% of people, would prefer to refuse aggressive medical treatment rather than have their lives prolonged in poor prognosis states.

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Which U.S. President was the first to publicly announce having a living will and encourage others to do so?

Answer: Barack Obama

Explanation: On July 28, 2009, Barack Obama became the first U.S. President to publicly announce that he had a living will.

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What was the controversy preceding President Obama's announcement about living wills?

Answer: Language in proposed healthcare legislation permitting payment to doctors for counseling patients on living wills.

Explanation: President Obama's announcement followed a controversy over proposed healthcare legislation that would have permitted Medicare to pay doctors for counseling patients about living wills.

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