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Living Will

A Living Will discusses feelings about life-sustaining care or treatments. Many lawyers include a Living Will as part of their estate planning packages.

What is a Living Will?

A Living Will ensures your end-of-life wishes are carried out, preserving your dignity and 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 maker (principal) is incapacitated and unable to give informed consent or refusal. Though a Living Will may forbid the use of certain medical treatments to prolong life, it also provides the option for maximum life-sustaining treatment. In any event, health care providers are directed to take reasonable measures to keep the principal comfortable and to relieve pain.

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. The maker / principal of a Living Will may choose to refuse life-sustaining treatment OR receive maximum treatment in the event of:

        1. An irreversible coma or persistent vegetative state.
        2. A terminally ill condition where life-sustaining procedures would only serve to artificially delay death.
        3. A medical condition in which the burdens of treatment outweigh the expected benefits.

Two doctors are usually required  to certify a terminal illness or persistent vegetative state.

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.

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.

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