Archive for the ‘Living Will’ Category:
The Fundamentals Of A Living Will
Everyday, a number of people are bewildered in deciding whether to keep the life of a family member in a permanently vegetative state, not completely knowing what the incapacitated would really have wanted. Cases such as this have been discussed in many courts and caused family members to raise debates and disputes among themselves. Concerns about medical wishes, however, can be easily resolved with a living will. Although the fundamentals of a living will were not widely received decades ago, completing a living will have become more appealing in the recent years. In fact, 41% of the Americans made their living will in 2007.
A living will is a document in which a person determines the life-prolonging procedures, measures, or treatments he wants or doesn’t want to undergo in the event he is not in any capacity to decide for himself or communicate his preference. Essentially, it his written directives that would guide his physicians and other health care providers in the course of medical treatment. The person, through a living will, can tell if he wants to be revived through cardiopulmonary resuscitation (CPR), be nourished through feeding tubes, or be supported through mechanical ventilation, among other things. If so, when and for how long does he intend to be on such support devices?
Living wills can be very specific, although at times it can be very general, which is why having a medical power of attorney (POA) is sometimes recommended. A POA is another document in which a person authorizes another individual to speak for him in case he has inability to do so and sometimes interpret the living will. This person, called health care agent or proxy, must know beforehand the other person’s preferences and medical wishes. In some states, living will and POA are in a combined form under the name Advance Directives.
Living will is oftentimes associated with older people, but since all people are subject to any eventuality, it is recommended that anyone aged 18 and above should make a living will. This, of course, appears creepy to some people, but it has to be understood that making a living will lifts the emotional burden off the family members when the need to make medical decisions arrive. It can also spare the patient from prolonged suffering, if he, particularly, is beyond recovery. And this can likewise mean less financial spending for the professional and facility fees. But ultimately, it gives the patient the privilege to decide for himself even in comatose or vegetative state.
Laws on living will vary from state to state. Some states require living will to be notarized; others do not. There are also states that use standard living will form, and states that have specific instructions on making a living will. Before making a living will, therefore, it is important for a person to know the fundamentals of a living will in the state he is residing in. As soon as the living will is completed, copies must be distributed to loved ones, health care agent (if there is a signed POA), personal doctor, and, in case of hospitalization, attending physicians.
Changes can be made in the living will; however, these should be brought to the attention of all people concerned. The old living will, which must be destroyed, will then be superseded by the new version.
The Benefits Of A Living Will: A Rundown
No one can really prevent the uncertainties; yet, anyone can prepare for their occurrence. It is true with medical conditions. You may not completely avoid illnesses and accidents that may render you almost lifeless and unconscious, but you can set beforehand how you would like to be cared for during such events through a living will. The benefits of a living will are numerous. And they protect your family as much as they do you. Here’s a quick rundown:
1. You stay in control. When you have a living will, you can decide on things you have otherwise no control of. You can, for instance, decide what kinds of medical intervention you would like to receive or how long you want to be on life support. Without a living will, the decision is entirely left to your family and doctors. And it’s likely that their decisions would not be agreeable to you.
2. You make things easy for your family and friends. Seeing you in a vegetative state or in permanent unconsciousness would sure break your loved ones’ hearts. But you can spare them this kind of emotional torture by instructing in your living will to withhold life support if it only attempts to artificially delay death.
3. There would be no arguments within the family. Deciding on sustaining the life of a loved one or allowing the natural course of death is a completely painful task. It’s so hard because each family member has a differing opinion. One may like to continue the artificial nourishment, the other one may not. The parent may desire to keep the life support, the spouse may not. If there is an outstanding living will, however, factions like these would be eliminated, as your family would have to rely on your living will and honor whatever that is written.
4. Doctors would be more guided in administering medical intervention. Because the doctors know exactly what you want, it would be less hard for them to choose from available treatment options for you.
5. You get to discuss the end-of-life possibilities with your loved ones. Although this would not be a relatively happy conversation, this would bring awareness to your household about illness, injury, accident, and death. In the end, your family members would at least be better prepared in handling any eventuality.
6. You have your peace of mind. By ensuring that you get the health care that you want and that your family is spared from the task of deciding for your life, you get the sense of peace that only comes from being in control.
7. You preserve your right. Among the benefits of a living will, keeping your right to choose or decline treatments, interventions, or life-sustaining measures is perhaps the most humanly fair. You may be unconscious when you use your living will, but it doesn’t mean you have to be stripped off of your right. Your living will would uphold this basic right even if you are oblivious to the rest of the world.
How to Create Your Own Living Will
It may not be necessary, but it would surely be wise and considerate of you to write and put up your own living will. It is a legal document that facilitates exercise of your right to make decisions about what could happen and what medical procedures to be performed on you the moment you undergo a critical or life-threatening condition. In cases wherein you would not be able to speak or decide for yourself regarding medical issues, the living will would definitely be advantageous. If you are in a coma or are unconscious, the healthcare providers could do everything to help you recover. In such a way, they could also rule out certain medical procedures that you would not want yourself to undergo.
Be sure to make your own living will not liable for any misinterpretation. You should hire the legal assistance of a professional (an attorney). Be clear to set out goals before you begin writing the living will. What do you intend? Are you just not into certain medical procedures or are you just considering the hefty costs the processes might incur? Here are some guidelines that could help you create your living will appropriately and in a breeze.
Carefully look at all the options as you write your living will. As mentioned, you could consider the possible costs. You should also take a look at the survival rate. If an event could not be possibly overcome, why prolong your agony? You would have to consider all your existing medical conditions and history. It would be advisable if you would seek the assistance and guidance of a doctor or medical professional as you write the document.
Ask someone permission if you want to name him or her as a person who would make decisions on your own behalf. Some people might not be comfortable with the idea. You could ask any member of your family or even your legal counsel to do so. It is always important to attain the full consent of that person before he is included as a decision maker in your living will. You might need to appoint other proxy in case that person is unable to perform the duties you assign him or her.
Have a witness when writing and legalizing your living will. This is similar to the process when you make a living trust or last will. Legal issues need to be settled and taken care of for the living will to be effective. This is more helpful if you are consenting to donate your organs upon your death.
Strive to write your living will in a straightforward and clear manner. You certainly would not want it to be subject to too much misinterpretation. You should also check for typographical, spelling, or grammatical errors as such could possibly interfere with correct interpretation of the document.
Keep a copy of the living will. You could also distribute other copies particularly to your lawyer, doctor, healthcare provider, family members, and several trusted friends. This is to make sure your living will would take effect when the time comes.
