The Power of POLST: Understanding Its Legal Standing

When it comes to advanced directives for healthcare, POLST (Physician Orders for Life-Sustaining Treatment) is a crucial document that guides medical professionals in providing the appropriate care for patients with serious illnesses. However, many people wonder whether POLST is a legal document and what implications it may have on their medical care.

Understanding POLST

POLST medical order form outlines patient’s preferences life-sustaining treatment. It differs living healthcare power attorney it physician’s order designed be implemented immediately healthcare providers. It is typically used for individuals with serious illnesses or frailty who may be nearing the end of life.

Is POLST a Legal Document?

Yes, POLST is a legal document, and its orders must be followed by healthcare professionals. It recognized honored across multiple healthcare settings, hospitals, nursing homes, patient’s home. In fact, studies have shown that POLST forms are associated with a higher likelihood of patients receiving care that aligns with their preferences.

Case Studies

According to a study published in the Journal of the American Geriatrics Society, patients with POLST forms were significantly less likely to receive unwanted hospitalizations, intensive care, or life-sustaining treatments. This highlights the legal and practical significance of the document in guiding end-of-life care decisions.

State Variations

It’s important note specific requirements legal standing POLST may vary state. Some states have specific legislation that governs POLST forms, while others may recognize it through case law or professional guidelines. It’s essential individuals understand laws regulations their respective states regarding POLST.

POLST is indeed a legal document that carries significant weight in guiding end-of-life care decisions. Its use has been associated with better adherence to patient preferences and reduced unwanted interventions. Understanding the legal standing of POLST and ensuring its proper completion can empower individuals to have a say in their medical care, particularly in times of serious illness or frailty.

State	Legislation
California	California Health Safety Code § 4780-4784
Oregon	Oregon Revised Statutes § 127.640-127.645
Texas	Chapter 166, Texas Health and Safety Code

 

Legal Contract: Is POLST a Legal Document?

This contract, entered into on this day, by and between the undersigned parties, seeks to determine the legal standing of the Physician Orders for Life-Sustaining Treatment (POLST) form as a legally binding document.

Article 1: Definitions
In this contract, the term “POLST” refers to the Physician Orders for Life-Sustaining Treatment form, a medical order completed by a healthcare professional and a patient, which provides specific medical treatment instructions.
The term “Legal Document” refers to a document that is recognized and enforceable under the laws of the jurisdiction in which it is executed.

Article 2: Legal Standing POLST
As per the applicable laws and legal practice, the POLST form is considered a legally binding document in the state of [insert state name].
The legal standing of the POLST form is established under the [insert relevant state law or regulation] which recognizes the authority of such medical orders in directing the provision or withholding of life-sustaining treatment.

Article 3: Enforcement POLST
Any medical facility or healthcare provider within the jurisdiction of [insert state name] is legally obligated to honor the directives outlined in a valid POLST form, in accordance with the applicable laws and regulations.

Article 4: Governing Law
This contract shall be governed by and construed in accordance with the laws of the state of [insert state name], pertaining to the legal standing and enforcement of the POLST form.

Article 5: Signature
This contract may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. This contract shall be binding upon the undersigned parties and their respective successors and assigns.

 

Top 10 Legal Questions About POLST

Question	Answer
1. Is a POLST form considered a legal document?	Yes, a POLST (Physician Orders for Life-Sustaining Treatment) form is a legal document that is signed by a healthcare professional and a patient or their authorized representative. This form provides specific medical orders and is recognized by emergency medical services personnel and healthcare providers.
2. Can a POLST form override a living will or advance directive?	A POLST form does not necessarily override a living will or advance directive, but it provides more specific medical orders that must be followed by healthcare providers. It is important to ensure that the instructions in both documents are consistent to avoid confusion.
3. Is a POLST form valid in all states?	While most states have their own version of the POLST form, the general principles and purpose of the form are consistent across state lines. It is important to use the appropriate form for the state in which the patient resides.
4. Can a patient refuse to complete a POLST form?	Yes, a patient has the right to refuse to complete a POLST form. Healthcare professionals should respect the patient`s autonomy and provide alternative options for care planning.
5. How often should a POLST form be reviewed and updated?	A POLST form should be reviewed and updated whenever there is a change in the patient`s medical condition, treatment preferences, or healthcare setting. It is recommended to review the form during regular medical appointments.
6. Can a healthcare proxy make decisions contrary to the POLST form?	A healthcare proxy`s decisions should align with the instructions in the patient`s POLST form. However, if there is a dispute or inconsistency, healthcare providers may seek legal clarification to ensure the patient`s wishes are upheld.
7. What legal protections are in place for healthcare providers who follow a POLST form?	Healthcare providers who follow a valid and properly executed POLST form are generally protected from liability as long as they act in good faith and within the scope of the form`s orders. These legal protections may vary by state law.
8. Can a patient revoke or modify a POLST form?	Yes, a patient has the right to revoke or modify their POLST form at any time. It is important to communicate any changes to healthcare providers and ensure the updated form is accessible in the patient`s medical records.
9. Are POLST forms legally binding in long-term care facilities?	Yes, POLST forms are legally binding in long-term care facilities and must be honored by staff and healthcare providers. It is essential for residents and their families to discuss the form with facility staff to ensure proper implementation.
10. What legal considerations should be made when completing a POLST form?	When completing a POLST form, it is crucial to verify the patient`s capacity to make medical decisions, obtain proper consent, and ensure the form is accurately completed, signed, and dated. Healthcare professionals should also document the process and any discussions with the patient or their representative.