Definition
A Living Will is a legal document that allows individuals to outline their desires regarding medical treatment and life-sustaining measures should they become incapacitated and unable to make decisions for themselves. This document typically comes into play when death is imminent and the individual no longer possesses control over their faculties. The primary advantage of a living will is that it ensures the individual’s end-of-life wishes are respected and followed. Most state statutes require a living will to be signed, dated, and witnessed. The witnesses must not have any interest in the estate of the individual affirming the will to prevent conflicts of interest.
Examples
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End-Stage Terminal Illness: An individual diagnosed with an end-stage terminal illness may use a living will to specify that they do not want to be placed on a ventilator if they stop breathing, favoring comfort care over artificial life-sustaining treatments.
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Vegetative State: Someone who wants to prevent prolonged suffering might document in their living will that they do not wish to receive feeding tubes or other forms of artificial hydration and nutrition if they are in a persistent vegetative state with no hope of recovery.
Frequently Asked Questions (FAQs)
1. Who can create a living will? Anyone who is of legal age and sound mind can create a living will.
2. Is a living will the same as a durable power of attorney for healthcare? No, a living will specifically outlines a person’s wishes regarding medical treatments, while a durable power of attorney for healthcare designates someone else to make medical decisions on their behalf.
3. Can a living will be revoked? Yes, the individual can revoke a living will at any time, provided they are competent to do so.
4. Do doctors have to follow a living will? Generally, yes. However, some exceptions can occur based on hospital policies and state laws.
5. Does a living will need to be notarized? This depends on the state. Some states require notarization, while others only require that it be witnessed.
6. How can I ensure my living will is followed? Make sure multiple copies of the document are available and inform your family, physician, and attorney about its existence.
7. Can I include preferences for organ donation in my living will? Yes, many living wills have sections where you can indicate whether you want to be an organ donor.
8. Does a living will cover psychiatric care decisions? Generally, living wills focus on life-sustaining medical treatments and do not usually cover psychiatric care.
Related Terms with Definitions
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Advanced Directive: A broader category encompassing living wills and other documents that specify an individual’s wishes regarding medical treatment.
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Durable Power of Attorney for Healthcare: A document that allows an individual to appoint someone else to make healthcare decisions on their behalf if they become unable to do so.
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Do Not Resuscitate (DNR) Order: A specific type of advance directive that tells medical professionals not to perform CPR if the person stops breathing or their heart stops beating.
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Palliative Care: Specialized medical care focused on providing relief from the symptoms and stress of a serious illness.
Online References
- Nolo - Living Will Basics
- American Bar Association - Durable Power of Attorney and Living Wills
- Mayo Clinic - Living Wills and Advance Directives for Medical Decisions
Suggested Books for Further Studies
- “Life Support: Three Nurses on the Front Lines” by Suzanne Gordon
- “Living Wills and Other Advance Directives: A Guide for Healthcare Providers” by Perry Alan
- “Hard Choices for Loving People” by Hank Dunn
Fundamentals of the Living Will: Legal Document Basics Quiz
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