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An Analysis of Five Wishes

 

(click here to read a PDF version of this article)

Five Wishes is a popular alternative to the
traditional approach of advance directives

 By Paul Malley, President of Aging with Dignity 

A recent edition of the Annals of Internal Medicine (July 3, 2007) includes a commentary by Henry S. Perkins, M.D. regarding advance directives.  Titled “Controlling Death: The False Promise of Advance Directives,” it highlights some of the major shortcomings and flaws in traditional advance directives. 

Several people have asked me recently if Five Wishes meets the seven standards set forth by Dr. Perkins for an effective advance directive.  I am pleased to say that Five Wishes does in fact satisfy the recommendations in this article, and that Five Wishes is a valuable alternative to the traditional advance directives that Dr. Perkins identifies as flawed.

Dr. Perkins advocates “using a sample advance directive to help guide the advance care planning process.”  According to Dr. Perkins, “the ideal sample is easily accessible, concise, accurate, conversational in style, and available in languages that are commonly spoken by the physician’s patients.”

Ø      One of the most common things people cite as the reason for using Five Wishes – either personally or with their patients – is that Five Wishes is easy to use and understand.  It is written in regular language, as opposed to medical or legal jargon.  It frames the advance care planning conversation in terms that are meaningful and understandable for the average person.  Health care providers consistently comment that they spend less time explaining the details of Five Wishes (and the overall concept of advance care planning) to patients and families because the document is understandable as written.  The conversational tone of the document also makes it easier to have important conversations between patients, families, and health care professionals.  Such a document is a better springboard to effective communication than a document that is cumbersome and difficult to understand.  Along those lines, the Five Wishes document is now available in 20 languages, which is a positive step toward meeting Dr. Perkins’ recommendation that advance directives should be available in commonly spoken languages. 

Dr. Perkins goes on to advocate the use of advance directives that contain the following seven elements:

1) A requirement that the signer meet basic decision-making standards – specifically, knowing the purpose of the advance directive, grasping the choices presented and their implications, and being able to decide on the basis of the signer’s own values;

Ø      Five Wishes was created with help from national legal experts, and it meets the legal requirements for an advance directive in 40 states.  In order to execute the document, the individual must have the capacity to understand the document and make these end-of-life care decisions based on their own values and preferences.  The signature section on page 10 requires that the individual sign the document in the presence of two witnesses, who must “declare that the person who signed or acknowledged this form is personally known to me, that he/she signed or acknowledged this in my presence, and that he/she appears to be of sound mind and under no duress, fraud, or undue influence.”

2) Choices covering diagnostic procedures, treatments, proxies, and organ donation;

Ø      Wish 1 (pages 4-5) allows a person to designate a health care proxy, or a person who will make health care decisions on their behalf if they are unable.  Wish 2 (pages 6-7) allows a person to indicate the types of medical treatments they would want or not want in certain situations.  It is not enough to simply name a health care agent; it is also important to provide some guidance regarding your preferences for care and treatment.  Five Wishes offers an easy way to address all of these issues.  It also provides space in Wish 5 (page 9) for people to express their thoughts on organ donation and other matters.

3) A commitment to providing comfort care always;

Ø      The importance of comfort care is stressed throughout Five Wishes.  Wishes 3 and 4 (page 8) specifically deal with issues related to dignity and comfort.  The following are examples of statements in this section which patients can either elect or decline that deal with personal care: 

I do not want to be in pain.  I want my doctor to give me enough medicine to relieve my pain, even if that means I will be drowsy or sleep more than I would otherwise.

I wish to have a cool most cloth put on my head if I have a fever.

I wish to have my favorite music played when possible until my time of death.

I wish to have people with me when possible.

I wish to have pictures of my loved ones in my room, near my bed.


Along with Wish 5, this is the section of Five Wishes that address the issues that many people say matter the most.

4) An option to withhold artificial sustenance (if consistent with patient interests);

Ø      Wish 2 (page 6) provides space for an individual to describe their definition of life support treatment in their own words according to their own beliefs and preferences.  This is where the individual can explain their thoughts regarding food and water supplied by a medical device.  They can also describe situations where they would want or not want such treatment.

5) A recommendation that the signer inform all physicians and medical proxies about his or her choices;

Ø      The section titled “What to do after you complete Five Wishes” (page 11) advises people to: “Talk about your wishes with your health care agent, family members and others who care about you.  Give them copies of your completed Five Wishes.” 

The Next Steps discussion guide is also available to provide helpful tips on starting the conversation with loved ones and health care providers.

6) A requirement that the advance directive be placed in the signer’s medical record;

Ø      The same section on page 11 goes on to suggest the following:

Talk to your doctor during your next office visit.  Give your doctor a copy of your Five Wishes.  Make sure it is put in your medical record.  Be sure your doctor understands your wishes and is willing to follow them.  Ask him or her to tell other doctors who treat you to honor them…. If you are admitted to a hospital or nursing home, take a copy of your Five Wishes with you.  Ask that it be put in your medical record.

7) And revocation procedures.

Ø      A revocation statement is included in the signature page of Five Wishes, so that it takes the place of any advance directive completed previously.  Instructions are also provided on how a person can change to Five Wishes and how the document can be revoked.

In his commentary, Dr. Perkins puts the spotlight on many of the challenges experienced with traditional advance directives.  He joins other recent critiques of advance directives that share common themes:  

  • They promote shifting the emphasis from the legal boilerplate documents to the process and conversation;
  • They emphasize the importance of picking a good health care agent, rather than just making advance medical decisions;
  • They encourage consideration of personal care preferences, comfort, and dignity;
  • They criticize the jargon used in standard documents and say that advance directives should be easily understood and readable (Dr. Perkins suggests a “conversational tone”);
  • And they stress the importance of good communication between patients, families, and health care providers.  

Put me in the group that agrees with these critiques.  These are the reasons that we created Five Wishes, because the traditional approaches of advance care planning needed improvement.  Fortunately, Five Wishes provides an alternative that meets all of Dr. Perkins’ recommendations, in a document that is the closest to a national advance directive available.

 

Paul Malley is President of Aging with Dignity, PO Box 1661, Tallahassee, FL 32302.  Phone 850-681-2010, Email p.malley@agingwithdignity.org.