Q: What is the difference between a MOLST Form and a DNR?
A: While these forms should be a topic of discussion when considering your advance directives, it’s crucial to note that MOLST forms and DNRs are not legal documents.
MOLST stands for “Medical Order for Life-Sustaining Treatment." MOLST forms are medical documents designed by the Department of Health for patients with serious health conditions who want to avoid or receive any or all life-sustaining treatment, may reside in a long-term care facility or require long-term care services, and/or may pass away within in the next year. MOLST forms are the only authorized form in New York for documenting both a nonhospital do not resuscitate (DNR) and a nonhospital do not intubate (DNI) orders. The form provides specific medical orders and is used in a variety of health care settings. MOLST is a medical order form signed by a New York State-licensed physician, nurse practitioner, or physician assistant.
A DNR is also a medical document but is narrower in scope than MOLST forms. A DNR is limited to instructing medical professionals not to perform cardiopulmonary resuscitation (CPR) if a patient's heart or breathing stops. If you have capacity to make decisions for yourself, you can give your consent to a DNR order verbally or in writing. If you lack capacity to make decisions for yourself, your health care agent can consent on your behalf.
On the other hand, there are healthcare-related estate planning documents that you can implement before facing severe health issues. A Health Care Proxy can be executed by anyone regardless of health status. Whoever you designate as your agent must be at least 18 years old and will be empowered to make medical decisions for you if you lack capacity. Your agent should be well aware of your wishes and trustworthy enough to enforce them.
A living will is another health-related estate planning document you can execute at any time. Living wills provide authorization for your health care proxy agent to withhold or withdraw life sustaining treatment. Your living will can direct your agent to takes steps to ensure pain is minimized, even if it requires the administration of medications that may hasten your death. The document can list specify which treatments your agent can direct the withdrawal of, such as dialysis, antibiotics, or a feeding tube. It is important to educate yourself on what planning you can do to secure control over your health and future.
Britt Burner, Esq. is the Managing Partner at Burner Prudenti Law, P.C. focusing her practice areas on Estate Planning and Elder Law. Erin Cullen, Esq. is an associate attorney at Burner Prudenti Law, P.C. focusing her practice on Trusts and Estates. Burner Prudenti Law, P.C. serves clients from New York City to the east end of Long Island with offices located in East Setauket, Westhampton Beach, Manhattan and East Hampton.