What You Should Know about a Living Will
Helpful Tips for Those Who Have Preferences about End of Life Issues
Jun 22, 2009
Perhaps you have been asked if you have a living will at a recent visit to a doctor’s office, hospital, or long-term care facility. Modern technology has enabled healthcare providers to maintain life far beyond limits of the past, but many people prefer not to utilize that technology. In most cases, life-sustaining measures will be utilized if there are no directions to the contrary.
Other Names for a Living Will
A Living Will may be called various other names, including, but not limited to:
- Advance Directive
- Health Care Declaration
- Medical Declaration
- Health Care Directive
- Medical Directive
What is a Living Will?
- A living will is a legal document that specifies what life-sustaining treatments you do or do not wish to have utilized if you are unable to make decisions for yourself. This may include devices such as a ventilator (breathing machine), feeding tubes, certain medications, dialysis, and other treatments that might be started in the event that you should stop breathing or your heart stop beating or various other life-threatening conditions.
- States have specific laws regarding living wills.
- This document has the potential to decrease arguments between or uncertainty of family members who are next of kin if they are making medical decisions
- If certain treatments are not wanted, this can cut down on unnecessary medical expenses.
- A living will is not the same as a DNR (Do Not Resuscitate) order. In many facilities, a patient can have a living will but the staff will administer life-sustaining treatment unless the physician writes a DNR order. Check with your physician regarding the policy at your facility.
- A living will does not mean that you will not receive care. The only care that should be affected is that which is specified in the document. In some instances, a shift of focus from curative to palliative care occurs, in which comfort measures take the place of data collection and aggressive treatment.
- A living will cannot predict every type of treatment that might be indicated but does cover the most likely treatments utilized in life-threatening situations.
- A living will is not a will or living trust.
If You Wish to Complete a Living Will:
- Complete this document while mentally competent.
- According to Legal Helpmate's Legal Document Preparation Service website, the document must be witnessed by two adults (over 18 years old who are not related to you and are not financially responsible for your care).
- Many people find it helpful to discuss end of life preferences with family members and/or a close friend.
- Many healthcare facilities offer living wills for you to complete free of charge.
- Your healthcare provider can answer questions you may have regarding options for life-sustaining treatment.
- You should keep the original in a safe place and have a copy placed in your healthcare record. Check with your facility regarding whether you should bring a copy with each admission or if an electronic copy is kept on file.
- You may also wish to consider selecting a Medical Power of Attorney.
If You Wish to Change or Revoke a Living Will:
- You have the right to change or revoke a living will at any time.
- Communicate those wishes with the healthcare team so that appropriate measures can be taken.
Perhaps you have strong wishes regarding resuscitative measures in life-threatening conditions. Unfortunately, many people’s unspoken wishes or unwritten goals may not be carried out because family members and/or the healthcare team are unsure of that person’s wishes. If family members are asked to make life and death decisions without prior knowledge of that person’s wishes, they often assume that the person would want everything done, or family members may disagree regarding treatment decisions. A living will can help family members and the healthcare team to understand your end of life preferences.
You may wish to research living will frequently asked questions and answers at this website.
This article is not meant to be legal or medical advice. Speak with your healthcare provider or attorney regarding specific healthcare or legal issues.
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