Recently, we heard from a former client who had a harrowing tale to share.
The Sad But True Story
Our client’s elderly Father was found unresponsive on the floor of his home by his caregiver.
The caregiver immediately called EMS. The caregiver’s next call was to our client.
EMS arrived and found our client’s Father in full cardiac arrest. EMS immediately began life-sustaining measures, including multiple minutes of CPR. However, our client’s Father had completed a Medical Orders for Life Sustaining Treatment (MOLST) Form expressly directing that CPR should not be used. Neither the MOLST Form nor the Advance Medical Directive could be located.
While EMS was performing CPR, the caregiver placed our client on the phone with EMS. Our client, who was his Father’s Health Care Surrogate, begged over the phone for EMS to stop CPR.
However, in the absence of the actual MOLST form and in the absence of the actual Advance Medical Directive form, EMS refused to cease CPR. They had a legal obligation to perform life-sustaining measures.
Our client’s Father was brought back to life, but never regained consciousness. He was transported to the hospital and passed away hours later (with several broken ribs).
This isn’t a story intended to blame EMS, who our client credits for a rapid response and who our client understands was duty-bound to provide treatment.
Rather, it is a story to help you make sure that you and your loved ones avoid this situation, particularly if you have gone to great lengths to document your wishes through the creation of an Advance Directive, Living Will, and/or MOLST Form.
Create a File of Life
In Montgomery County, Maryland, residents can request a “File of Life packet” by calling 311. More information is available here.
A File of Life Packet is a magnetic packet that prominently affixes to your refrigerator. In the packet, you can provide the following information:
- Medical conditions
- Allergies
- Medications
- Emergency contacts – you should always include the Health Care Surrogate named in your Advance Medical Directive.
- Whether you have completed the MOLST Form or the Advance Medical Directive, and, if so, where in the home the document is located.
If you have these documents and choose not to place them on your refrigerator, keep them in an easy-to-find and easy-to-describe location. Do not expect EMS to rummage through your file cabinets to locate the documents.
What if I Don’t Live in Montgomery County?
Although the File of Life Packet program is subsidized and sponsored by Montgomery County, the concept is universal and can be put to use by seniors anywhere.
You can make your own File of Life in a Zip-Lok bag prominently labeled and firmly affixed to your refrigerator. Consider including:
- Copy of your Advance Medical Directive
- Copy of your MOLST Form
- Information about medications taken
- Contact information for your Health Care Surrogate and primary care physician
- Copy of your medical insurance card
Concluding Thoughts
EMS personnel have a legal obligation to provide life-sustaining treatment. However, many seniors have carefully considered thoughts and beliefs about the nature and extent of treatment they would like at the end of life.
You can ensure that your wishes are met by affixing a File of Life to your refrigerator. Think of it this way – you can finally put all those souvenir magnets you’ve acquired throughout the years to good use!
How can we help you plan for aging? Contact the estate attorneys at Bulman Dunie to discuss wills, trusts, and powers of attorney.
