Dnr Orders: Life Insurance Impact And Complications

A Do Not Resuscitate (DNR) order is a legal document that communicates a patient's preferences for care in the event that they are unable to speak for themselves. It is a request not to have cardiopulmonary resuscitation (CPR) or other life-saving measures taken if their heart stops or they stop breathing. While a DNR can be included in an advance directive, it does not require one and can be requested independently. Whether or not an individual has a DNR in place, their life insurance policy will not be affected.

DNR and life insurance payouts

A Do Not Resuscitate (DNR) order is a legal document that forms part of a person's advance directives, which outline their preferences for medical care in the event that they are unable to communicate them. A DNR specifically instructs medical staff not to perform cardiopulmonary resuscitation (CPR) or other life-saving procedures if the patient's heartbeat or breathing stops.

In the context of life insurance, the primary concern regarding DNRs is whether they will affect the payout of the policy. This is a particularly pressing question for those who have a life insurance policy that includes a suicide provision.

In Texas, for example, state law specifies that signing or issuing an advance directive, including a DNR, cannot be used by a life insurance company to refuse to sell a policy to an individual, restrict an existing policy, or invalidate the benefits payable upon the person's death, even if that death occurs after withholding or withdrawing life-sustaining treatment.

This means that, in Texas, a DNR will not affect the payout of a life insurance policy, regardless of the circumstances surrounding the policyholder's death. It's important to note that laws may vary in other states or countries, so it's always a good idea to consult with a legal professional or review the specific laws and regulations in your area.

Additionally, it's worth noting that suicide provisions in life insurance policies are typically designed to prevent people from purchasing large amounts of life insurance with the intention of committing suicide soon after. These provisions generally state that the policy will only be voided if suicide occurs within a certain period after the purchase of the insurance, usually within the first two years.

In summary, while laws may vary by location, in many cases, having a DNR in place will not affect the payout of a life insurance policy. It is always advisable to review the specific terms and conditions of your life insurance policy and seek legal advice if you have any concerns or questions about how a DNR may impact your coverage.

Advance directives

There are two main types of advance directives: a durable power of attorney for healthcare and a do-not-resuscitate (DNR) order. Both types require signatures and two adult witnesses (not a spouse or blood relative) to be legally binding.

A durable power of attorney for healthcare is a document that names a health care proxy, who can make healthcare decisions for the patient if they are unable to communicate these themselves. The proxy should be someone familiar with the patient's values and wishes, such as a family member, loved one, or lawyer. The proxy can also be chosen in addition to or instead of a living will.

A DNR order is a request not to have cardiopulmonary resuscitation (CPR) if the patient's heart stops or they stop breathing. It is generally intended for non-healthcare settings such as the home and should be kept in a spot where emergency medical personnel can find it. A DNR order can also be placed in a patient's medical chart by their doctor.

In addition to these two main types, there are other advance care planning forms and orders that can be used to express wishes about specific medical issues. These include:

• Do Not Intubate (DNI) Order: Prohibits the placement of a breathing tube but allows other CPR methods.
• Do Not Hospitalize (DNH) Order: Indicates a preference for not being sent to a hospital for treatment at the end of life.
• Out-of-Hospital DNR Order: Alerts emergency medical personnel to the patient's wishes regarding resuscitation measures outside of a hospital setting.
• Physician Orders for Life-Sustaining Treatment (POLST) and Medical Orders for Life-Sustaining Treatment (MOLST) Forms: Provide immediate guidance to healthcare professionals in an emergency, in addition to the advance directive.

Medical power of attorney

A medical power of attorney (also known as a health care power of attorney, or health care POA) is a legally binding document that authorises another person to make medical decisions for you when you are incapacitated. This document is sometimes called a "patient advocate designation", and the person you name is your "patient advocate".

You can give your patient advocate the power to make decisions about your physical and mental health care, as well as the power to donate your organs upon your death or instruct that they are not to be donated.

Anyone over the age of 18 who is "of sound mind" can make a medical power of attorney. This means that they can think, understand, and reason for themselves. The patient advocate must also be over 18, and can be a spouse, adult child, friend, or any other person.

In the case of a do-not-resuscitate (DNR) order, a medical power of attorney can create this on your behalf. A DNR is a request not to have cardiopulmonary resuscitation (CPR) if your heart stops or if you stop breathing. A DNR can be part of an advance directive, which is a legal document that tells your doctor and family what kind of medical care you want to have if you are unable to tell them yourself.

In the state of Texas, a DNR cannot be used by a life insurance company to refuse to sell a policy to someone, restrict an existing policy, or invalidate the benefits payable upon that person's death, even if it occurs after the withdrawal of life-sustaining treatment.

Suicide provisions

Suicide clauses typically state that the insurer will not pay out to beneficiaries if the policyholder dies by suicide within a certain period of the policy being issued, usually within the first one to two years. This period is known as the exclusion period or contestability period. After this period, most life insurance policies do cover suicide, and beneficiaries are entitled to receive the full death benefit.

The exact duration of the suicide clause can vary depending on the insurer and state regulations. While most states enforce a standard two-year period, some states, like Missouri, Colorado, and North Dakota, have shorter periods of one year.

Changing a policy, such as adding coverage or converting a term policy into a whole-life policy, can reset the clock and start the exclusion period over. During the exclusion period, insurers may pay out the amount of premiums paid on the policy minus any premiums owed before the policyholder's death.

Group life insurance policies, often provided as part of an employee benefits package, generally do not include a suicide clause, so they typically pay out for suicidal death. However, supplemental life insurance purchased through an employer usually has a standard suicide clause.

It is important to carefully review the terms of your life insurance policy to understand the specific suicide provisions that may apply.

Palliative care

Medicaid generally covers palliative care for low-income beneficiaries, but some medications or treatments may not be covered, and there may be copays or deductibles. Private insurance plans also typically cover palliative care to some degree, but the specifics of coverage can vary depending on the plan.

It is important to note that a Do Not Resuscitate (DNR) order is separate from palliative care. A DNR is a request not to receive cardiopulmonary resuscitation (CPR) if your heart stops or you stop breathing. On the other hand, palliative care focuses on providing comfort and managing pain through various means, such as pain medication or dying at home.

In the context of life insurance, a DNR order does not affect life insurance policies or benefits. It is a backward-looking directive that states, "after I die, do not bring me back," and therefore has no bearing on the cause of death for life insurance purposes. Additionally, Texas law specifically provides that signing an advance directive, such as a DNR, cannot be used by a life insurance company to refuse to sell a policy, restrict an existing policy, or invalidate benefits payable upon death.

Frequently asked questions