Maybe nobody paid much attention to National Healthcare
Decisions Day because it fell on the first day of Passover or because it came
right after the anniversary of the Boston Marathon bombing. Or maybe Americans
are suffering from holiday overload. But April 16 was officially the day
Americans were supposed to remember to complete an advance directive—a document
that states who is supposed to make medical decisions in the event of our incapacity
or what kinds of choices we want made—and the major media didn’t breathe a word
about it. Are advance directives passé? Are they still toxic after Sarah Palin
associated any attempt to plan for future medical care with a “death panel?” Or
are people blasé about them—either because they already have one or because
they don’t do any good?
A new study published this month in the Journal of the American Geriatrics Society looks at one aspect of the question: how many people have an
advance directive and how has this changed over the past 10 years? Drawing on
data from the Health and Retirement Study, a national sample of people over age
60, and using interviews conducted with next-of-kin after death, the authors
conclude that the proportion of people who died with an advance directive in
place increased markedly: from 47% in 2000 to 72% in 2010. And these numbers
are dramatically higher than the earliest reports. Studies done just after the
Patient Self-Determination Act first went into effect in 1991—a law that
requires all health care institutions that receive federal money to ask
patients if they have an advance directive and to offer them one if they don’t—found
completion rates for the population as a whole barely made it to the double
digits. But does this improvement matter?
The new study has some major limitations—it only includes
people who died and it relies on the testimony of a relative or friend to
determine if the person had drawn up a living will or designated a health care
proxy. Moreover, it was confined to people over age 60. A Pew Research poll
done a few years ago found that only 29% of the general public had a living
will (up from 12% in 1990). But more important than how many people have advance
directives is what kind of advance directive they have and whether these
documents change what happens to people when they get sick and cannot speak for
themselves about the kind of medical treatment they want.
As far as the kind of document goes, we know from the
current study that 45% of people who died had a living will, some sort of
statement about the type of treatment they would want. These range from very
general assertions such as “no heroic treatment” to specific statements about
ventilators or attempted cardiopulmonary resuscitation, but typically apply
only if “death is imminent.” A total of 57% had a durable power of attorney for
health care, or health care proxy—they had designated someone, usually an adult
child or spouse, to make decisions on their behalf if necessary. And 38% of
those older individuals who died had had both a living will and a health care
proxy. We don’t know anything about what fraction of people had done any other
kind of advance care planning: we don’t know, for example, if they completed a
POLST form (a physician order for life-sustaining treatment, which is a medical
order indicating which of various specific possible treatments such as CPR, a
ventilator, or dialysis, a prospective patient would want. We don’t know if
they indicated their goal of treatment, a decision that is supposed to precede completion of a POLST form, and which gives
physicians guidelines to use in deciding about any given intervention: is the
technology that is under consideration likely to be effective in prolonging
life? In keeping the person independent? In promoting comfort? We don’t know if
the 6005 people who form the basis of the new study had ever spoken to their families or their physicians about what mattered to them or
what approach to treatment they would
want if they became very ill.
We do know that whether or not someone had an advance
directive failed to affect their chance of being hospitalized in the last 2
years of life and had no effect on whether they died in the hospital. That is,
we know that the risk of hospitalization in the last 2 years of life went up
considerably between 2000 and 2010 (from 47% to 72%), but having an advance
directive did not affect the rate one way or another. We also know that the
odds of dying in the hospital as opposed to a nursing home or at home fell
(from 45% to 35%), but that fall was also unrelated to advance directive
status.
So do advance directives achieve anything? The authors of
the current study showed in an earlier study that having an advance directive appears to be associated
with a greater likelihood that one’s wishes for end-of-life care are followed.
This conclusion was based on the reports of the next-of-kin after the death of
their relatives and it was never clear on what basis those next-of-kin knew what kind of treatment the person
who died had actually wanted. There is very little evidence that advance
directives trigger or reflect conversations about the goals of care. There is
even less evidence that they influence care before the last few days or weeks of life. Maybe the national media ignored
National Healthcare Decisions Day because it was overshadowed by other more
exciting events. Or maybe they ignored it because it continues to focus on a
form, on completing a legal document, rather than on addressing head on what is
most important to us in the last year or two or five of life, on the decisions
that will matter most in life’s last stage, however long that lasts.