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THE LIVING WILL

THE LIVING WILL

What is a Living Will?

A living will is a written, legal document that describes what your wishes are in regards to end-of-life or life-extending medical treatments. The living will spell out what you want and do not want to be done to keep you alive as well as what you prefer in regards to pain management and organ donation. It is different from a traditional will because it does not refer to your wishes regarding your belongings and property. It communicates your living wishes as opposed to your dying wishes. Other terms for a living will are an advance directive, health care directive or a physician’s directive.

Why is it Important?

A living will is important because it safeguards your medical wishes. It helps to inform your loved ones and health care providers about the decisions you have made regarding your desired medical treatments in the event that you are not capable of communicating your requests in end-of-life circumstances. For example, in the case you are in a coma or suffer from dementia or Alzheimer’s disease and are unable to speak for yourself, this document will communicate your wishes. Planning ahead will help avoid unnecessary pain and grief as well as minimize confusion and disagreement about the medical care you want. If you have a living will in place your caregivers and loved ones will be relieved the burden of making these difficult decisions for you without your input.

Do you need a Living Will?

If you are suffering from a life-threatening illness or if one runs in your family, it would be in your best interest to create a living will. However, you should not wait until you are elderly or ill to prepare these documents. It is still important for all adults to prepare one as unexpected end-of-life situations may occur at any time and any age.

How to create one a Living Will?

The requirements for a living will differ in each state, so seeking assistance from an attorney is advisable. You must consider several things when creating a living will including your values and what is important to you as far as a quality of life. A few things to think about when creating a living will are:

• Resuscitation • Machine-Driven Ventilation • Tube Feeding • Dialysis • Use Of Antibiotics • Comfort Care And Pain Management • Organ And Body Donation • Requests Not To Be Taken To The Hospital • Requests To Not Be Relocated To An Emergency Room

Health Care Proxy

A Health Care Proxy works in much the same way a power of attorney works except that the health care proxy is used in place of a living will and concerns decisions about your treatment. The benefit of a Health Care Proxy is that you give the power to make decisions for you in situations where you cannot. Crucially you must discuss your wishes with the agent you appoint by this proxy. As circumstances change and medical science makes advances your agent should be able to adapt in accordance with you wishes. The Living Will, on the other hand, is a static document taking into account your wishes at a specific point in time. If things have changed, the document will need revision.

The person you appoint cannot be your doctor or part of your medical care group. It should be an individual whom you trust to abide by your wishes and to reinsure your requests are met if there is a discrepancy about your care.

It is advised to keep the original in a safe place and to carry a copy with you when you are traveling. You should also share a copy of your advance directives with your doctor and your power of attorney. Lastly, you should keep a small card with you at all times that identifies who your power of attorney is and where copies of your living will can be found. Doing all of this is important and something every adult should be familiar with just in case something unexpected may happen.

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ABOUT THE AUTHOR

Picture of JAMES RICE

JAMES RICE

Attorney at Law James Rice is the Director of Trusts and Estates at Rice Law Group. He has handled trusts, will matters, business succession planning, pension and IRA issues for people with moderate wealth to those who have accumulated significant assets. Mr. Rice also handles many transactiona...

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