Do Not Resuscitate (DNR) Orders Law

A do not resuscitate order (DNR order) is a medical order that directs healthcare providers not to attempt cardiopulmonary resuscitation (CPR) under DNR Order laws in the event that a person’s heart stops beating or they stop breathing.

DNR orders are typically used when a person has a terminal illness or a medical condition that makes it unlikely that CPR would be successful in saving their life.

DNR orders are often put in place at the request of the person themselves or at the request of their legal guardian or healthcare proxy (a person who has been designated to make medical decisions on the person’s behalf in the event that they are unable to do so themselves).

In some cases, a DNR order may also be issued by a healthcare provider based on the person’s medical condition or prognosis.

DNR orders are typically written instructions that are signed by the person requesting the order, their legal guardian, or their healthcare provider.

The order is then placed in the person’s medical chart and is intended to be followed by all healthcare providers who are treating the person.

DNR orders can be used in a variety of settings, including hospitals, nursing homes, and other healthcare facilities, as well as in the person’s home.

What is a DNR Order by Surrogate?

A DNR order by surrogate is a do not resuscitate order that is made by a person who has been authorized to make medical decisions on behalf of another person who is unable to make those decisions themselves.

This may be necessary if the person is incapacitated and unable to communicate their own healthcare wishes, or if they do not have a healthcare proxy or other advance directive in place that specifies their wishes regarding resuscitation.

In order to make a DNR order by surrogate, the person making the decision (the surrogate) must typically be authorized to do so under state law. This may involve being appointed as the person’s legal guardian, or being designated as their healthcare proxy or other type of decision-maker.

The surrogate will typically be required to follow the person’s wishes to the extent that they are known or can be reasonably inferred, and to make decisions that are in the person’s best interests.

A DNR order by surrogate is typically used when a person is in a terminal or otherwise gravely ill condition, and it is unlikely that CPR would be successful in saving their life. The order is intended to direct healthcare providers not to attempt CPR in the event that the person’s heart stops beating or they stop breathing.

It is important to note that DNR orders by surrogate are subject to state laws, which can vary in terms of the specific procedures and requirements for making such an order.

What Are the Requirements for a DNR Order?

Do not resuscitate guidelines can vary depending on the laws of the jurisdiction where the order is being made and the specific circumstances of the case.

In general, however, there are a few common requirements that may apply to DNR orders:

• The person requesting the DNR order must typically be an adult who is competent to make their own medical decisions, or they must have a legal guardian or healthcare proxy who is authorized to make decisions on their behalf.
• The person requesting the DNR order must typically be suffering from a terminal illness or a medical condition that makes it unlikely that CPR would be successful in saving their life.
• The person requesting the DNR order must typically have the capacity to understand the nature and consequences of the DNR order and must be able to make an informed decision about whether to request the order.
• The DNR order must typically be made in writing and signed by the person requesting the order, their legal guardian, or their healthcare provider. The order must also be placed in the person’s medical chart and must be intended to be followed by all healthcare providers who are treating the person.

It’s important to note that the specific requirements for a DNR order can vary from state to state, so it would be best to consult with a healthcare provider or lawyer who is familiar with the laws of your jurisdiction for more information on this topic.

Does a DNR Need to Be Notarized?

Whether a do not resuscitate order needs to be notarized can depend on the laws of the jurisdiction where the order is being made and the specific circumstances of the case.

In some states, a DNR order may need to be notarized in order to be legally valid, while in other states, notarization may not be required.

In general, a DNR order is a written instruction that is signed by the person requesting the order, their legal guardian, or their healthcare provider. The order is then placed in the person’s medical chart and is intended to be followed by all healthcare providers who are treating the person.

The specific requirements for a DNR order can vary from state to state, so it would be best to consult with a healthcare provider or lawyer who is familiar with the laws of your jurisdiction for more information on this topic.

It’s important to note that a DNR order is just one type of advance directive, which is a document that specifies a person’s healthcare wishes in the event that they are unable to make their own decisions.

There are many other types of advance directives that a person may choose to put in place, and the specific requirements for these directives can also vary depending on the jurisdiction and the specific circumstances of the case.

Why Have a DNR Order?

There are a number of reasons why a person might choose to have a do not resuscitate order (DNR order). Some common reasons for having a DNR order include:

• The person has a terminal illness or a medical condition that makes it unlikely that CPR would be successful in saving their life. In these cases, a DNR order may be put in place to prevent unnecessary suffering and to allow the person to die with dignity.
• The person has strong personal or religious beliefs about not wanting aggressive medical intervention in the event of a medical crisis. A DNR order can allow the person to ensure that their wishes in this regard are respected.
• The person is concerned about the potential side effects of CPR, such as broken ribs or other injuries. A DNR order can allow the person to avoid these risks if they feel that the benefits of CPR are not likely to outweigh the potential harms.

It’s important to note that a DNR order is just one type of advance directive, which is a document that specifies a person’s healthcare wishes in the event that they are unable to make their own decisions.

There are many other types of advance directives that a person may choose to put in place, and the specific reasons for doing so will depend on the person’s individual circumstances and healthcare wishes.

It’s always a good idea to discuss your advance directive options with your healthcare provider and to make your wishes known to your loved ones and healthcare proxy (a person who has been designated to make medical decisions on your behalf in the event that you are unable to do so yourself).

Related: What is Death with Dignity?

How to Change a DNR Order

If you want to change a do not resuscitate order that has been put in place for you, the specific steps you will need to take will depend on the laws of the jurisdiction where the order was made and the specific circumstances of your case.

In general, however, you will typically need to follow these steps:

1. Review the terms of your current DNR order to understand what it directs healthcare providers to do in the event of a medical crisis.
2. Determine what changes you want to make to the order. You may want to change the order to allow CPR to be performed in certain circumstances, or you may want to change the order to allow more or less aggressive medical treatment.
3. Consult with your healthcare provider about the changes you want to make to the order. Your healthcare provider can help you to understand the potential risks and benefits of different treatment options and can assist you in making an informed decision about your healthcare wishes.
4. If you have a healthcare proxy or other person who is authorized to make medical decisions on your behalf, discuss the changes you want to make to the order with them. They can help you to understand the legal requirements for making changes to the order and can assist you in making sure that your wishes are carried out.
5. Revoke your current DNR order by following the procedures that are specified in the order or by state law. This may involve filling out a revocation form and having it signed by you and/or your healthcare provider.
6. Create a new DNR order that reflects the changes you want to make. This may involve filling out a new DNR order form and having it signed by you, your healthcare provider, and/or your healthcare proxy.
7. Have the new DNR order placed in your medical chart and make sure that all of your healthcare providers are aware of the changes to the order.

It’s important to note that the specific steps for changing a DNR order can vary from state to state, so it would be best to consult with a healthcare provider or lawyer who is familiar with the laws of your jurisdiction for more information on this topic.

How Do I Ensure a DNR Order Is Followed?

To ensure that a do not resuscitate order is followed, you will need to take steps to make sure that your healthcare providers and other relevant parties are aware of the order and understand its terms.

Here are a few steps you can take to ensure that your DNR order is followed:

1. Make sure that your DNR order is in writing and that it is signed by you, your legal guardian, or your healthcare provider.
2. Have the DNR order placed in your medical chart and make sure that all of your healthcare providers are aware of the order and have a copy of it.
3. Wear a medical alert bracelet or necklace that indicates that you have a DNR order in place.
4. Make sure that your family, friends, and other loved ones are aware of your DNR order and understand its terms.
5. If you have a healthcare proxy or other person who is authorized to make medical decisions on your behalf, make sure that they are aware of your DNR order and understand their responsibilities under the order.
6. Consider carrying a wallet card or other type of identification that indicates that you have a DNR order in place.

Is There Any Liability Associated with DNR Orders?

There is generally no liability associated with DNR orders if the orders are followed in accordance with their terms and the applicable laws.

If a DNR order is followed in accordance with its terms and the applicable laws, healthcare providers generally will not face any penalty for any harm or losses that may result from not attempting CPR.

However, if a healthcare provider fails to follow the terms of a DNR order and attempts CPR in violation of the order, they may be liable for any harm or losses that result from the CPR attempt.

In addition, if a healthcare provider fails to follow the terms of a DNR order and does not attempt CPR when it is medically appropriate to do so, they may be liable for any harm or losses that result from their failure to act.

It’s important to note that the penalty for violating a DNR order can vary from state to state, so it would be best to consult with a lawyer who is familiar with the laws of your jurisdiction for more information on this topic.

Do I Need an Attorney to Draft a DNR Order?

You do not typically need to have an attorney draft a do not resuscitate order (DNR order) for you. Most states have standard DNR order forms that you can use to specify your healthcare wishes in the event of a medical crisis. You can usually obtain these forms from your healthcare provider, a hospital or other healthcare facility, or online.

To create a DNR order, you will typically need to fill out the form and have it signed by you, your legal guardian, or your healthcare provider. You will then need to have the order placed in your medical chart and make sure that all of your healthcare providers are aware of the order and have a copy of it.

It’s important to note that the specific steps for creating a DNR order can vary from state to state, so it would be best to consult with a will lawyer who is familiar with the laws of your jurisdiction for more information on this topic.

While you do not typically need to have an attorney draft a DNR order for you, you may choose to consult with an attorney if you have any questions about the legal implications of a DNR order or if you want to discuss other advance directive options that may be available to you. An estate attorney can provide you with personalized legal advice and guidance that is tailored to your specific situation.