What are the Patient’s Rights at End of Life?

DNR (Do Not Resuscitate) Orders

Under the DNR law, all patients are presumed to consent to CPR if they have a cardiac or respiratory arrest.

Any competent elder can grant advance consent to a DNR order in writing, signed, dated and witnessed by two adults. Hospitalized patients can make oral requests but they must have two witnesses (one of them a physician with the treating hospital.) A properly executed DNR will be followed in most cases.

If an elder is incapacitated before a DNR order is executed, then the attending physician has to indicate a lack of capacity and get a second physician to place a concurring opinion in the chart so that the making of a decision regarding resuscitation is delegated in the following order:

  • The health care surrogate designated by the patient in his proxy
  • The legal guardian if available
  • The patient’s spouse
  • Adult offspring
  • A parent
  • An adult sibling
  • A close friend with documentation