A living will is different from your last will and testament which distributes your property after you die. A living will determines how decisions will be made about your medical care during your lifetime, at times when you are able to speak for yourself.
Living wills are used in situations where you are incapacitated, mentally incompetent, or unable to communicate. A living will is sometimes also called an advance directive, advance healthcare directive , health care directive, or advance medical directive. The living will definition is a document that specifies your wishes about medical care. This can include withholding of lifesaving treatments, use of pain medication, withholding of nutrition and hydration, and removal of life support.
A living will may also contain a provision naming a person to make medical decisions on your behalf if you are unable to this is sometimes a separate document called a health care power of attorney or a health care proxy. While it can be hard to think about the decisions and situations involved, a living will is a document that every adult can benefit from. People who are living with a terminal illness or are about to have surgery have an urgent need to complete a living will.
If you do not have a living will and you become incapacitated and unable to make your own decisions, your physicians will turn to your closest family members spouse, then children for decisions. This can place a heavy burden on family members and can also cause rifts within the family if there is disagreement. Your family may not know your wishes or feel unsure about what to do. Living wills are particularly important because in many states your family will not have full authority to make all decisions for you without it.
In some cases, a court order will be required to end life support, which can be expensive and heart-wrenching. Each state has a living will form or specifics about what a living will should include. To create a living will, you should complete the form with all of your wishes. The more specific you can be, the better. If you choose someone to make decisions on your behalf, be sure to talk over your wishes in advance so this person understands what you would want.
Sign the living will in the presence of witnesses and make sure you give a copy to your primary care physician and keep a copy in a safe place at home. You can revise your living will at any time by completing a new document. Be sure to replace all old versions and destroy them. This is also the time to talk about quality of life and your final preferences, so your agent can truly enact your wishes if the time comes.
Power of attorney gives another person the ability to make decisions for you and act on your behalf. A general power of attorney allows for broad coverage; the person you choose can handle your business, financial, and other choices. You do not need to give someone general power of attorney to have them serve as your healthcare agent or to create a living will. A healthcare power of attorney is a specialized form that allows your chosen person to make medical decisions for you if you are unable to do so.
If you are unconscious, mentally incompetent, or too sick to make your own decisions, this specialized form of power of attorney can help.
It is not the same thing as a living will, but it is part of the planning process and an option you should be aware of.
Your doctors are the ones who are ultimately held responsible for your treatment; they are not required to follow your living will. Even though they are not required to follow your wishes, most will do so. The best way to learn if your doctor will respect your wishes is to talk about your living will in advance and let them know what you have outlined and chosen.
If your doctor has an issue with your decisions or choices, they will be able to speak to you about it in advance. This conversation is important to have, even if you are sure your doctor will follow your wishes.
There may be medical aspects you have not considered or included in your living will plans. Your doctor could raise additional questions, clarify points, or even spot something you have missed or overlooked. Your doctor should let you know about any concerns or potential issues when you give them a copy of your living will. If you provide a copy of your will and your doctor is unwilling or unable to comply, then they will need to transfer you to another physician who will honor your wishes.
Your living will is an essential part of your estate plan and can be changed and altered as needed as your specific needs and preferences change over time. Taking the time to create this document and outline your wishes will give you peace of mind and help your family cope during a stressful time.
Use our customizable Living Will Form to quickly and easily create, download, and print your living will in just minutes online. Start now to make sure that your wishes are known in case of an emergency.
Living Wills: Top 10 Facts You Should Know It is not fun to think about, but do you know what you would want to happen if you were in an accident or became so ill you could not make decisions for yourself? Table of Contents 1. Living Will Rules Vary by State 2. Living Wills are Binding Legal Documents 3. You Can Appoint a Healthcare Agent 9. What about Power of Attorney? Living Will Rules Vary by State. If you wish to cancel your Living Will, you should tear up your copy and notify other people such as family members and doctors who also have a copy.
Doctors may refuse to honor your Living Will because of their personal, religious or spiritual beliefs, or because it is the policy of the hospital or the nursing home where you are being cared for.
However, your doctor s or the facility should help your family locate another doctor or facility that will honor your wishes. A Living Will must be made in writing and witnessed by at least two adults. There are additional rules for witnessing and signing a Living Will.
The law does not require that a lawyer prepare your Living Will. However, you should ask a lawyer if you do not completely understand everything, or if you have any questions about your Living Will. Not necessarily. A doctor is not required to be involved in this process. However, it may be wise to ask your doctor his or her feelings about honoring your Living Will and ask about the policy on Living Wills at the hospital where he or she practices.
Once you have signed your Living Will and your witnesses have also signed it, you should have several copies made. The original should be kept with your other important papers, like your Will. These papers should be kept in a place where someone can find them.
They should NOT be placed in a safe deposit box, as that will likely not be opened until after your funeral. It is also important to give copies of your Living Will to other important people, like family members and doctors. Check out our calendar of legal clinics and resource centers!
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