Advance Directives: Right to Decide

by | Dec 28, 2017

Dr. Stewart Stein with Chapters Health System describes the importance of advance directives & how everyone has the right to make healthcare decisions.

Today we continue “DRops of Wisdom,” our physician blog, with Dr. Stewart W. Stein, the associate vice president of medical services for Chapters Health System. He describes the importance of advance directives and how everyone has the right to make healthcare decisions.

Advance Directives

The majority of Americans view voting for elected officials on Election Day as their right. They get to decide on the welfare of their communities, states and country. Equally important are healthcare decisions. When it comes to a person’s health and well-being, everyone has the right to decide whether to seek or refuse medical treatment. Many adults all across the United States, however, do not exercise their right to decide.

Often times, healthcare decisions are made for adults who have become incapacitated—a result of suffering a debilitating stroke, or of developing dementia—by loved ones. Family members might assume they know the individual’s wishes and make healthcare decisions that their loved ones might not have chosen were they able to do so.

How does someone make their healthcare wishes known? They can map out their wishes in the form of an advance directive. An advance directive is the overall plan of a person’s healthcare wishes, that is to say, how much or how little should be done when he or she might not be able to make decisions. Components of an advance directive can include a living will, a healthcare surrogate designation and an anatomical donation.

Despite the fact that the Federal government passed the Patient Self-Determination Act in 1990 requiring hospitals, nursing homes, home health agencies and health maintenance organizations (HMOs) to provide patients with information about healthcare decision-making rights, only about one third of Americans have completed an advance directive. According to a University of Pennsylvania study, researchers discovered that a completed living will had been prepared in only 29.3 percent of cases, and only 33.4 percent of patients had identified a healthcare surrogate. A fully executed advance directive was statistically higher in patients with chronic illnesses compared with their healthy counterparts.

The rationale behind an advance directive is to help ensure that treatment preferences are honored if someone becomes incapacitated and can no longer speak for himself or herself. An advance directive can avoid potential conflicts.

Right to Decide

It is best to make sure that healthcare decisions are in the form of a written statement, or an oral statement made when you are healthy. There are three types of advance directives, which can be executed as part of advance care or estate planning.

A living will is a statement of your wishes with regard to medical treatment in circumstances under which you can no longer express consent. It’s called a living will because it takes effect while you are still living.

A healthcare surrogate is a person designated by you to make and authorize healthcare-related decisions on your behalf. You can include specific instructions about any treatment you want or do not want, similar to what you might have expressed in a living will.

With the passing of Florida Statute 765, you can now choose an immediate healthcare surrogate while you maintain mental capacity. Your choice of a healthcare surrogate can be based on culture or life choice. You also have the right to agree to, or to refuse, any decision made by your healthcare surrogate.

An anatomical donation is a document where you indicate your wish to donate at death all or part of your body. This donation can be an organ, tissue or body, to a person in need or for healthcare training.

It is entirely your choice as to what you want to complete for an advance directive. You can complete one or all three of the previously described options.

If you want your wishes known, start by taking the time to have conversations with your family and physician. If you need assistance in getting the conversation started, staff at all affiliates of Chapters Health — Chapters Health Hospice, Good Shepherd Hospice, Hospice of Okeechobee, HPH Hospice and LifePath Hospice — are available to help.

Chapters Health System is committed to serving the needs of its patients, families, caregivers, health providers, partners and communities.

Discover more details and information about caregiver resources.

For more information, please call our helpful Chapters Health team at 1.866.204.8611 or Contact Us.

Phoebe Ochman

Phoebe Ochman

Phoebe Ochman, director of corporate communications for Chapters Health System, manages all content and communications for the nonprofit organization. Email: [email protected]

About Us

Established in 1983 as a community-centered, nonprofit entity, Chapters Health has grown exponentially through its radical approach to healthcare that leverages a one-of-a-kind system to support patients, families, and caregivers across the country, while remaining grounded in the mission of taking care of patients, or taking care of those who do®.

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John J. Whyte, MD, MPH

CEO and Executive President,
American Medical Association

John Whyte, MD, MPH serves as the CEO and Executive Vice President of the American Medical Association, the nation’s largest physician organization.

Prior to the AMA, Dr. Whyte served as the Chief Medical Officer at WebMD, leading initiatives that expanded strategic partnerships, created new business opportunities, and positioned WebMD at the forefront of digital health innovation. He was a pivotal force in evolving WebMD’s digital platforms from content delivery engines to powerful tools connecting consumers directly to care, establishing critical new revenue models. He is a recognized leader in healthcare delivery and regulation and is consistently named as one of the Top 20 Health Influencers.

Before joining WebMD, Dr. Whyte served as Director of Professional Affairs and Stakeholder Engagement at the U.S. Food and Drug Administration’s Center for Drug Evaluation and Research. There, he spearheaded groundbreaking initiatives to modernize clinical trial design, expand diversity in research, and advance the regulatory use of real-world evidence — efforts that continue to impact patient-centered drug development today.

Earlier, as Chief Medical Expert and Vice President of Health and Medical Education at Discovery Channel, Dr. Whyte launched educational programming that captured both medical and mainstream audiences, successfully aligning mission-driven health education with corporate funding strategies and building new multimedia brand identities.

At the Centers for Medicare & Medicaid Services (CMS), Dr. Whyte played a pivotal role in formalizing Medicare’s national coverage decision process, directly shaping payment policies and advancing innovative models to improve healthcare outcomes. His experience at CMS demonstrates a deep understanding of health policy, reimbursement strategies, and the critical intersection of clinical innovation and payment models.

A board-certified internist, Dr. Whyte completed his MD at Hahnemann University School of Medicine, his residency at Duke University Medical Center and earned his MPH in Health Policy and Management at Harvard University. He previously served as a health services research fellow at Stanford University. An accomplished author, Dr. Whyte has written extensively for both professional and consumer audiences, including five best-selling book

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Dr. Venki Ramakrishnan

Nobel Laureate

Venki Ramakrishnan is an American and British molecular biologist who shared the 2009 Nobel Prize in Chemistry. He currently works at the world-renowned MRC Laboratory of Molecular Biology in Cambridge, England and from 2015-2020, he served as President of the Royal Society, one of the world’s oldest scientific organizations. He is best known for his work on protein synthesis, the process by which genetic information is used by the ribosome to make the thousands of proteins that make life possible. This process is fundamental to all life and its dysfunction leads to many diseases as well as to aging. He is a member of the US National Academy of Sciences and was knighted by the British government in 2012. In 2022, he received one of Britain’s highest civilian honors, the Order of Merit, which is restricted to 24 people across all fields.

In addition to his academic work, Ramakrishnan is a science partner of the venture capital fund Ahren Innovation Capital, and on the boards of the AI-based drug development company, Isomorphic Labs, and the British Library. He recently co-founded RNAvate, an RNA therapeutics company based on stable, next-generation RNA molecules. In the public arena, he played a leadership role when he was president of the Royal Society, including dealing with the consequences of Brexit and helping convene the Society’s response to provide advice during the covid pandemic and did a significant amount of public engagement including articles in the press and appearances on national media.

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Marwa El-Menshawi, MD, MPH

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Marwa El-Menshawi, MD is the Chief Operating Office for Hope PACE. She is a triple board-certified physician, specializing in Family, Geriatric and Hospice Medicine. Dr. El-Menshawi's focus is on improving the lives of those affected by advanced age and serious illness through innovation in high complexity and value-based care. She has almost 20 years of clinical, academic and healthcare leadership experience.

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Andrew Molosky

President and CEO, Chapters Health System

Andrew Molosky is the President and Chief Executive Officer of Chapters Health System, the country's defining chronic illness organization, comprised of more than 30 different companies and programs, including the nation's largest nonprofit hospice network, PACE, value-based care such as CareNu, a Medicare Advantage plan, managed services organizations, technology solutions, advanced illness offerings, and more.
Established in 1983 as a community-centered, nonprofit entity, Chapters Health has grown exponentially through Molosky's innovative approach to healthcare, becoming a national leader recognized by Great Places to Work, Fortune, USA Today, and others for being a top place to work.
As a leading voice in healthcare, Molosky is routinely engaged as a consultant, speaker, and mentor. Molosky is modeling and leading across several industries concurrently.
Molosky has more than 20 years of experience spanning an array of geographies and organizations, including publicly traded, privately held, and nonprofit. He completed his undergraduate work at the University of Toledo and his Master of Business Administration from the Ken Blanchard College of Business at Grand Canyon University, additionally holding his Fellowship from the American College of Healthcare Executives.

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