A living will is a legal document where a person proactively declares their wishes pertaining to end of life care.\u00a0 In order to be honored by third parties, the document will need to be executed with similar formalities as a health care power of attorney, including witnesses and a notary\u2019s acknowledgement.\u00a0 Essentially, most living wills say \u201cif I am deemed terminally ill and my condition deteriorates to the point where nothing can be done to make me get better, I do not want medical means to be employed to keep my alive artificially.\u201d\u00a0 That is to say, doctors may prescribe medications to keep the person as comfortable as possible but they may not prescribe medications or use mechanical devices to artificially prolong the dying process.<\/p>\n
Although many people happen to have similar opinions regarding their own end of life care, that does not mean that a living will is a \u201cone size fits all\u201d document. \u00a0A living will can and should address a variety of individual preferences concerning whether or not artificial means of nutrition and\/or hydration should be provided, cardiopulmonary resuscitation should be administered, pacemakers should be implanted, dialysis should be performed, palliative medications should be employed, and\/or various religious practices be adhered to.\u00a0 A living will can direct that life support systems be withheld completely, or can allow life support systems to be used for a limited period of time before being withdrawn.\u00a0 A living will does not become effective unless and until a person has a terminal illness, is in a persistent vegetative state or is facing imminent death.<\/p>\n
In one\u2019s estate plan, a living will should act in concert with the provisions of an appointment of health care representative, also known as a health care power of attorney.\u00a0 The function of that document is to name an individual who can make medical related decisions for a person when that individual is no longer capable of making their wishes known.\u00a0\u00a0 When someone has declared their end of life treatment wishes in a living will, that document can help guide the health care representative in making decisions and communicating with medical personnel.\u00a0 The language in the living will can also lend credence to the representative\u2019s decisions in the event there is conflict amongst family members during what is undoubtedly a very difficult time. \u00a0\u00a0The living will and appointment of health care representative should be carefully drafted to be sure that they act together and do not contain conflicting provisions.\u00a0 They should also be coordinated so that one may supersede the other if a disagreement arises.<\/p>\n
Without a living will or appointment of health care representative, the person\u2019s doctor will have no binding guidance concerning the person\u2019s treatment, and may be obligated to employ techniques that may be considered \u201cheroic\u201d and which do not maintain any quality of life for the person.\u00a0 Challenging those medical decisions would involve filing a petition with the Probate Court to appoint a representative and could include numerous additional court procedures if family members disagree about the preferred course of treatment that the person would have wanted.<\/p>\n
A living will should not be confused with an individual\u2019s \u201clast will and testament.\u201d\u00a0 The latter is a legal document that documents a person\u2019s wishes for the disposition of their individually owned assets after they die.\u00a0 In contrast, a living will governs end of life medical care and has nothing to do with an individual\u2019s assets.\u00a0 A living will has no influence whatsoever after the individual has died whereas a last will and testament controls nothing until after the individual has died.\u00a0 The two different types of documents do share the word \u201cwill\u201d in the name.\u00a0 That word is used appropriately for both documents because each is a legal memorialization of an individual\u2019s wishes.\u00a0 As a proactive declaration of a person\u2019s wishes, each must be executed when the person is alive and well and legally competent to memorialize their wishes in a legal instrument.<\/p>\n
There is also some confusion between a living will and a \u201cdo not resuscitate\u201d (DNR) order.\u00a0 A DNR is a doctor\u2019s order registered in a patient\u2019s medical file indicating that CPR and\/or advanced cardiac life support should be withheld if a patient stops breathing or if their heart stops beating.\u00a0 A DNR order is entered only by a physician, not by a patient or the patient\u2019s family.\u00a0 However, the DNR will be documented by medical personnel at the request of the patient and\/or the patient\u2019s duly named heath care representative.\u00a0\u00a0 Although it varies from state to state, physicians may be also legally permitted to enter a DNR based on a patient\u2019s wishes as documented in a living will.<\/p>\n
It is better to ensure that your wishes are carried out by planning in advance for these types of difficult decisions, and to relieve your loved ones from the burden of trying to decide what is in your best interests without any guidance from you as to what you would have wanted if you could speak for yourself.\u00a0 Therefore, a comprehensive living will and an appointment of health care representative should be part of any estate plan.<\/p>\n
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A living will is a legal document where a person proactively declares their wishes pertaining to end of life care.\u00a0 In order to be honored by third parties, the document […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-2725","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"yoast_head":"\n