Living Wills have been the subject of much controversy and debate
in recent months.
A “Living Will” is designed for adults to be able to express
their wishes concerning their own medical care when they are still in a position
to communicate their desires. There are many compelling reasons to have a
written declaration concerning your medical care:
● There
might come a time when you are too ill to express your wishes;
● Your
family members might not agree regarding health care decisions on your behalf;
● You can
express your desires to your family members so that they will know what
decisions to make concerning your health care; and
● You can
remove the burden of making difficult decisions from your loved ones.
A Living Will can inform a doctor to use or not to use extreme
life-saving measures such as life support, or to withhold or give artificial
nutrition, if you are in an “incurable or irreversible condition.” Most states
allow an individual who is of sound mind and eighteen years or more of age to
execute a declaration controlling the withholding or withdrawal of
life-sustaining treatment. This declaration must be signed by the declarant, or
at the declarant’s direction, and witnessed by two individuals.
Healthcare Power of Attorney
A healthcare power of attorney is a document that gives another
person the authority to make healthcare decisions for you in the event that you
become incapacitated. This document would cover instances in which you are
unconscious or unable to communicate and a decision is needed regarding surgery
or other medical treatment. A healthcare power of attorney compliments a living
will in that it covers those situations where you may be incapacitated, but your
medical condition is not so grave that your living will becomes effective. A
healthcare power of attorney is recommended in addition to a living will.
You should discuss with your family members, and/or the person
you designate as your health care proxy what kinds of end of life medical
treatments you want. Your doctor should be able to assist you by answering any
questions about certain medical treatments.
Once you’ve made your decisions, you should make your wishes
known.
There are requirements that must be followed in order to execute
a legally binding Living Will or Healthcare Power of Attorney.
If you would like to discuss your options, or need further
consultation in this area, please give us a call.
