Living Wills and Power of Attorney
If One Can't Make Their Own Health Care Choices, These Are Critical
Oct 19, 2009
A living will, which is in no way related to a conventional will, is designed to let a person state what type of medical treatment is appropriate if they ever get into a situation where they can no longer direct their own health care. For example, a person can use a living will to determine whether doctors either do or do not use life support if it is the only thing keeping a person alive. It may also spell out certain quality of life criteria to be taken into account in relation to medical decisions.
Living Wills Remove the Guesswork
Basically a living will is supposed to take any guesswork out of one of life’s most difficult decisions—the medical care a person will receive near the end of their life when they may be incapable of being involved.
Living wills have some differences in rules depending on the state involved. And in some states they are called declarations. But the key thing is that most people probably want to give serious consideration to drafting a living will. Not only does it set out a person's desires in advance, but it removes a potentially wrenching decision for family members if that time ever comes. Think of how difficult, and potentially divisive, it could be for family members if a beloved relative is ever in that tragic situation.
Durable Power of Attorney Also an Option
A living will is different from a durable power of attorney for health care. In the latter, a person names a trusted person to make medical decisions for them if they are unable to communicate. This person is called an agent or an attorney-in-fact. Some states combine a living will and durable power of attorney into one document, which means the agent is charged with insuring that the wishes a person sets out in their living will are honored.
In addition, the durable power of attorney is broader than a living will and can provide for decisions that don’t involve terminal illnesses. If a person were in an accident that left them unconscious and a decision had to be made about surgery, for example, the person named as the agent could make that decision.
Not Difficult to Draft a Living Will
Creating a living will is not difficult. One can use an attorney, but it’s really not necessary. A physician or local hospital may have information on creating one, and a quick search of the internet will yield many sites that will help create a living will. And it’s important to update a living will on occasion. If it is too outdated, it may not be honored.
One other important thing to keep in mind is to make sure people have access to a living will if needed. If it just sits in a file cabinet or a safe deposit box it may be of little use. Tell family members about a living will and even give them copies. It's also possible to go to the internet and register a living will at one of a handful of sites. Also, tell a physician about a living will and where it can be found. A clear and up-to-date living will and/or power of attorney can not only ensure that one's wishes are followed, but also save family members considerable heartache.
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