What is the role for lawyers with respect to MOLST?
MOLST is a clinical form and a standard of care. It requires prior discussion(s) between the patient and attending clinicians about the patient’s health condition, prognosis, values and goals for care, and the benefits and burdens of treatment. Then, if the MOLST form is medically indicated based on the patient’s current health status and preferences, a MOLST form may be signed by both the patient and the clinician. MOLST is not intended to be generated by lawyers. However, if your client has a Do Not Resuscitate order or expresses strong preferences about life-sustaining treatments, it is appropriate to encourage the client to discuss MOLST with his/her physician. Lawyers can also play a role in assessing whether there are inconsistencies between a living will or final wishes statements and a MOLST form, so that the patient’s wishes can be clarified and are more likely to be honored. In addition, lawyers should bring the existence of a MOLST form to the attention of the court in a gua
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