Rights and Documents Matrix

Rights and Documents Matrix

LTC/328 Version 1

10

Rightsand Documents Matrix

Universityof Phoenix Material

Rightsand Documents Matrix

Usethis matrix to describe different rights and legal documentspertaining to the aging population. Each box should contain no lessthan 50 words.

Legal Document

Description

Rights Associated

Who it affects and how

Durable Power of Attorney (POA)

A legal document in which a grantor authorizes another person (agent) to act on his/her behalf in personal matters.

The agent is usually the person that the grantor trusts the most.

POA authorizes the agent to make all health related decisions on behalf of the grantor when the grantor becomes incompetent to make such decisions.

Protect grantor’s right to have their decisions made only by the people they trust.

Protect the grantors rights to receive quality care since their trusted agents will make the most appropriate decisions on their behalf.

Protect grantors’ to select individuals who should act and make decisions on their behalf when they become incompetent.

Individual grantor: POA gives grantor the peace of mind since they trust those that they select to decide on their behalf.

Family members: Individuals selected may make decisions that are not consistent with the wishes of the family members, which lead to conflicts.

Health care providers: Decisions made by the agent are binding, but they may not be consistent with the opinion of the health care providers regarding the health of the grantor. (Sollittto, 2015)

Advanced directive

A document that allows one to people to select the type of treatment they would like to have when they get too ill to communicate such wishes.

Its content direct the health care providers on what kind of medical care they should offer to an individual during the end of life care.

Protect individual’s rights to make choices for their preferred treatment.

It protects one’s autonomy and the right to make rational decisions since they determine how they should be treated during the end of life care.

Protects the rights of individuals at times when they are incompetent to pursue what they think is right for them.

Individual: allows the honoring of one’s medical or treatment choices at their end of life.

Family members: The type of treatment that selects may not be agreeable to relatives, which may affect them emotionally.

Heath care providers: They may feel that an individual made the wrong choices, but they have to respect their wishes. (Selinger, 2009).

Do not resuscitate (DNR)

An order written by the doctor requiring that a patient should not undergo cardiopulmonary resuscitation in case they stop breathing or their heart stop beating.

The legal document is written after the doctor explains about it to the patient, proxy, or family members, who then give the consent.

It does not cover other types of treatment.

Gives patients the right to be informed before received any type of medical care.

Protect patient’s rights to make rational and information choices about their health.

Protect the right of the clients to make the end of life decisions that are implemented at point in time when they do not know what is happening around them.

Patient: Gets the opportunity to determine how they want to end life and refuse the treatment that they would not like.

Relatives: Some family members may not agree with any action that will end the life of their loved ones, which may cause them distress.

Health care providers: Some providers may not be willing to watch the client die when resuscitation could prolong their lives. (Geller, 2014).

Informed consent

A document to prove that a patient was enlightened about a given medical intervention and actually agreed to it without coercion.

Informs the patient about the possible harm and benefits of a given medical intervention, before such an intervention can be implemented.

The health care professional should also inform the client about the available alternatives to the proposed intervention.

Protect rights of patient to be informed about any medical intervention or actions that might affect their health.

Protect rights of patients to make informed choices about the type of intervention they like and reject those that they do not like.

Gives patients the opportunity to weigh the merits and demerits of a given medical intervention, which protect their right to make rational decisions.

Patients: Feels free to exercise the autonomy as well as the freedom to cheese what they want with their health and what they do not want.

Health care providers: give health care providers the opportunity to practice their professional requirements, which may enhance job satisfaction. However, they may feel disappointed when patients reject interventions that they are convinced that they are the best for them from a professional point of view. (Selinger, 2009).

Guardianship

A process in which a competent court of law appoints a guardian, who will be in charge of all affairs of an elderly person who have become incompetent.

It serves as an alternative to help older adults who become incompetent before they can select a proxy or provide an advanced directive.

It protects the rights of the elderly since the court gives guardianship together with responsibilities to the selected guardian.

It protects one’s resources since the court selects the most responsible person out of the available candidates, including the close relatives.

One loses the right to make independent choices and rational decisions.

Individual: Older adults under guardianship may be assigned to guardians whose decisions may not be consistent with decisions that the elder person would have made if they were competent enough to make rational decisions. Therefore, they may not end their life the way they would have wished.

Family members: Guardianship comes with the rights to manage the health issues and resources of an elderly, which creates an avenue for conflict among the family members. (Geller, 2014).

HIPAA 1996

A legislation that was enacted to regulate the process of sharing client’s information within the health care settings.

The act set standards for transactions that involve electronic transmission as well as storage of health records, identifiers for health insurance programs, employers, and health care providers.

The act mainly targets any individual who collects or store patient information, by requiring them not to share it with unauthorized persons.

Protects clients privacy by preventing authorized access to personal information, including names, contacts, and the social security number.

Protect client’s right to be informed about how information collected from them will be used.

Give clients the right to access, inspect, make copies, and even amend their records as deemed appropriate.

Individuals: Clients feel safe since their personal information is only accessed by authorized persons. They are sure that their personal data (including the social security number) cannot be misused.

Health care providers: Guides and pressures them to observe their professional obligations, which might increases job satisfaction with time. However, being pressured by the law to observe client privacy may make some providers feel unease and become over-cautious. (Geller, 2014).

References

Geller,B. (2014). Healthcare decision-making for a resident in a nursing home.Boston, MA: Michigan Long Term Care Ombudsman.

Selinger,P. (2009). The right to connect: Is it absolute? BritishJournal of Medical Practitioners,2 (2), 50-54.

Sollittto,M. (2015). Whatis durable power of attorney?Washington, DC: Aging Care LLC.