Living Will
Living Will Forms
Living wills discuss feelings about life-sustaining care or treatments. Many lawyers include a living will as part of their estate planning packages and have their clients execute one when they update their last will and testament or living trust. Instantly download and customize a living will on your computer.
What is a living will? A living will may be best described as a will for the living. A living will, one type of advance directive, provides direction to health care providers regarding end-of-life treatment choices. The living will is only used when the principal is incapacitated and unable to give informed consent or refusal. Living wills may forbid the use of certain medical treatments to prolong life. With regards to intravenous food and water, a living will documents the desire to have or to deny their use to prolong life. The requirements for a living will vary by state.
A well drafted living will allows the principal to be very specific as to the circumstances under which he or she wishes to refuse treatment, if any. For instance, the maker of a living will may refuse life-sustaining treatment only in the event of an irreversible coma or persistent vegetative state. Another living will option allows the principal to refuse life-sustaining treatment in the event of terminal illness or other medical condition where the burdens of treatment outweigh the expected benefits. Two doctors are usually required to certify a terminal illness or persistent vegetative state.
A maximum treatment option should also be included in a living will. The maximum treatment option directs that the principal's life be prolonged to the greatest extent possible without regard to condition, chances for recovery, or cost of the procedures. The living will should also incorporate reasonable measures for comfort and pain relief.
Although a living will addresses important end-of-life events, it may be insufficient in addressing many health care decisions. The limitations of a living will resulted in the development of the health care proxy, also known as a health care power of attorney, which appoints a person to make health care decisions during a period of incapacity or disability.
Living wills are not only for the elderly. Since unexpected end-of-life situations can occur at any age, a living will is appropriate for adults of all ages.
Use a living will to ensure your end-of-life wishes are carried out, preserving your dignity.
What is the difference between a living will and health care proxy?
- Living will: a written statement of a person's health care and medical wishes which provides health care professionals a guideline for care and treatment when a person is unable to participate in decisions regarding
their health care. A living will does not appoint another person to make health care or other medical decisions.
- Health care power of attorney: appoints and empowers another person, a proxy (thus the name health care proxy), to make all medical and health care decisions when the principal is unable to do so.
Provide a copy of your living will to your doctor, hospital and appropriate family members. A living will is not a replacement for and should not be incorporated into a last will and testament.
Last Modified: October 2009
 |
 |
 |
 |
