It is wise thinking to plan for incapacitation. A legal will dictates what happens to you and your belongings after death. But what makes medical decisions for you when you’re incapacitated but still alive? This document is called a living will (also known as a medical directive, health care declaration, or health care directive).
If you’ve ever seen samples of living wills, then you know that they address specific health care directives during disability. Of course, it must be done with a sound mind. Each adult would be careful to express her wishes through a living will. The unexpected is just a second away. National coverage of vegetative patient Terri Schiavo is the quintessential example of why living wills aren’t just for the elderly. Living wills ensure that your health care demands are met word for word. It also frees loved ones from making life and death decisions for you.
Living wills can be as general or detailed as you like. For example, you can make a general statement such as: No measures are taken to prolong life in case of irreversible or incurable diseases. On the other hand, you can make a specific statement. An example would be: I do not want antibiotics, palliatives, analgesics, cardiopulmonary resuscitation or gastrointestinal feeding tubes in case of irreversible or incurable disease. You can even go so far as to say if you want to be given hydration and food. However, you can also make a living will that states what you specifically want.
The Uniform Rights of the Terminally Ill Act established the right of a person to have a living will. However, this law varies from state to state and some states do not refer to it as a living will, but rather as one of the names mentioned above. Some states have specific forms and probate rules for a living will to be valid. You should check the particular state where you live for exact details. You may find it helpful to hire a lawyer to show you sample living wills and help you write your own. Typically the legal fee is $200.00 to $600.00, but it is worth it to make sure you comply with state laws. Local hospice agencies can also show you sample living wills and help you find the right form for your state.
Common issues addressed in a living will are:
* CPR
* Ventilation
* Nutrition/Hydration
* Dialysis
* Surgery
* Organ Donation
* Palliative treatment and medications
* Analgesics
* Wound care
* Amputation
* Disease-specific drugs
* Blood transfusions
* Invasive tests
Don’t just keep your living will. This may seem like a safe idea, but it’s useless if it’s not available. It is recommended to give a copy to your doctor, lawyer and power of attorney. Also consider a power of attorney, because not all scenarios can be documented in a living will. It is advisable to review your living will every five years or with any change in health and make any desired changes within it.
