Question for US members about legal support for getting home if disabling stroke occurs after TAVar or SAVR

[CAG12345]

Hello Everyone,

I will likely need aortic valve replacement as my stenosis progresses.

I have taken advance health care directive classes and read about the process. I do not have confidence based on what I am reading that I can get discharged home instead of a SNF if a disabling stroke occurs as complication.
It seems that one's own choices can be ignored if doctor assesses one as not competent to make one's own decisions.

For me, losing control of my independence to live at home would be the worst possible nightmare. I would rather live a shorter lifespan but one that is within my control than a longer one in a SNF.

I would like to find legal support for my returning home if a major stroke occurs. Does anyone have any experience with the law or which type of lawyer to work with.and any success protecting their rights in this regard?

Thanks in advance.

 

[Chuck C]

I have taken advance health care directive classes and read about the process. I do not have confidence based on what I am reading that I can get discharged home instead of a SNF if a disabling stroke occurs as complication.

Do you have a trusted family member or good friend? When you took the advance directive classes, they should have told you about nominating a healthcare proxy using a Durable Power of Attorney, as part of the advanced directive. See info on this below and the link. My mom is not competent to make medical decisions for herself, due to severe dementia. Years ago, as part of her advance directive, she listed me as her health care proxy via durable power of attorney for such event. Basically, I am able to make medical decisions for her, and advocate for her, based on her wishes.

Durable power of attorney for health care: A durable power of attorney for health care is a legal document that names your health care proxy, a person who can make health care decisions for you if you are unable to communicate these yourself. Your proxy, also known as a representative, surrogate, or agent, should be familiar with your values and wishes. A proxy can be chosen in addition to or instead of a living will. Having a health care proxy helps you plan for situations that cannot be foreseen, such as a serious car accident or stroke. Learn more about choosing a health care proxy.
https://www.nia.nih.gov/health/advance-care-planning/advance-care-planning-advance-directives-health-care#:~:text=Durable power of attorney for health care: A durable power,choosing a health care proxy.

I would not spend too much time worrying about this. Just get the advance directing and healthcare proxy squared away. The risk of suffering such a stroke during your procedure, while not impossible, is relatively rare these days, with the methods that they have for reducing the risk of stroke. I believe that it is a bit higher for TAVR than SAVR, however.

Also, once you select your proxy and complete the advanced directive, give your proxy a copy of it and fully explain your wishes to them. I would not just tell them verbally, but I would put it in writting and sign it. The advance directive should cover this, as they would typically have many questions on the directive which you answer as part of completing it- such questions as whether you want to be on life support and at what point you want life support to be terminated. There should also be space where you can include any info on other specific issues which might not be included in the standard form, such as your desire to not be placed in a SNF (For those who don't know, SNF stands for Skilled Nursing Facility, not Sunday Night Football, at least in this context.)

 

[CAG12345]

Do you have a trusted family member or good friend? When you took the advance directive classes, they should have told you about nominating a healthcare proxy using a Durable Power of Attorney, as part of the advanced directive. See info on this below and the link. My mom is not competent to make medical decisions for herself, due to severe dementia. Years ago, as part of her advance directive, she listed me as her health care proxy via durable power of attorney for such event. Basically, I am able to make medical decisions for her, and advocate for her, based on her wishes.

Durable power of attorney for health care: A durable power of attorney for health care is a legal document that names your health care proxy, a person who can make health care decisions for you if you are unable to communicate these yourself. Your proxy, also known as a representative, surrogate, or agent, should be familiar with your values and wishes. A proxy can be chosen in addition to or instead of a living will. Having a health care proxy helps you plan for situations that cannot be foreseen, such as a serious car accident or stroke. Learn more about choosing a health care proxy.
https://www.nia.nih.gov/health/advance-care-planning/advance-care-planning-advance-directives-health-care#:~:text=Durable power of attorney for health care: A durable power,choosing a health care proxy.

I would not spend too much time worrying about this. Just get the advance directing and healthcare proxy squared away. The risk of suffering such a stroke during your procedure, while not impossible, is relatively rare these days, with the methods that they have for reducing the risk of stroke.

Thank you for your response

Do you have a trusted family member or good friend? When you took the advance directive classes, they should have told you about nominating a healthcare proxy using a Durable Power of Attorney, as part of the advanced directive. See info on this below and the link. My mom is not competent to make medical decisions for herself, due to severe dementia. Years ago, as part of her advance directive, she listed me as her health care proxy via durable power of attorney for such event. Basically, I am able to make medical decisions for her, and advocate for her, based on her wishes.

Durable power of attorney for health care: A durable power of attorney for health care is a legal document that names your health care proxy, a person who can make health care decisions for you if you are unable to communicate these yourself. Your proxy, also known as a representative, surrogate, or agent, should be familiar with your values and wishes. A proxy can be chosen in addition to or instead of a living will. Having a health care proxy helps you plan for situations that cannot be foreseen, such as a serious car accident or stroke. Learn more about choosing a health care proxy.
https://www.nia.nih.gov/health/advance-care-planning/advance-care-planning-advance-directives-health-care#:~:text=Durable power of attorney for health care: A durable power,choosing a health care proxy.

I would not spend too much time worrying about this. Just get the advance directing and healthcare proxy squared away. The risk of suffering such a stroke during your procedure, while not impossible, is relatively rare these days, with the methods that they have for reducing the risk of stroke.

Thank you for your response. I do not have family or anyone to designate as a proxy. I am looking into someone I may be able to hire. But regardless of that, if the doctor says not safe to go home have to go to SNF, fear is that would occur and my life as I know it would be over. Unfortunately the stats I have been reading on disabling strokes in peer reviewed journals have been quite variable. Some up to the high thirties percentage wise within 1 year of the procedure, others considerably lower than that into single digits.