Make a Living Will Part of Your Plan
A Health Care Directive as Part of Your Estate Management Plan
Oct 6, 2008
If something were to happen to you unexpectedly, you want to be sure that your wishes are followed regarding how you are cared for and that your end-of-life wishes are carried out. You also do not want to burden your family or loved ones with these very important decisions. One part of the solution to this problem is to have a living will on file with your doctor, family, and estate manager.
What is a Living Will?
A living will is an advance health care directive that is not only for the elderly. It is a legal document in which you direct your physician regarding the withdrawal of life support if you become ill with a terminal condition or if you are in a persistent vegetative state. All states recognize the legality of a living will, though you should check your state for the particulars. In a living will, you can specify exactly what your doctor is to do if you, in his or her opinion, cannot recover from an illness or accident and are no longer capable of making your own decisions.
What Does a Living Will Do?
According to the Mayo Clinic, the living will is a valuable part of your estate plan because it details your feelings on particular medical treatments and interventions and gives your doctors and loved ones an idea of what kind of medical therapy you would want if you could speak for yourself. One problem with the living will is that it cannot possibly cover all situations that could arise.
At the very least, your living will should address what your physician is to do about the following in any situation to which it is applicable:
- Cardiac resuscitation
- Mechanical respiration (ventilator)
- Antibiotics
- Artificial nutrition (feeding tube)
- Artificial hydration (IV)
- Pain medication and oxygen therapy
- "Do Not Resuscitate" order
You can make your living will as specific or as general as you like. For example, if you have an automobile accident that leaves you in a persistent vegetative state from which you cannot get well, you can direct your physician that you do not want to be placed on mechanical respiration or to receive artificial nutrition. If you suffer from a terminal illness, you can specify that you want a “do not resuscitate” order in place. You can also specify that you want “comfort” measures to be taken, such as pain medication and oxygen therapy.
Your living will can, alternatively, stipulate that you do want life-saving measures in place. You should advise at least two people of your wishes in addition to your physician. One of those people could be your attorney.
Preparing Your Living Will
You can prepare a living will yourself by downloading state-specific forms online. However, you are safer to hire an estate planning attorney to prepare your living will since an attorney will be familiar with the laws governing living wills in your state. Your attorney can also make sure that your health care wishes are honored if you are incapacitated.
Don’t wait too long to prepare your living will. Something unexpected can happen at any time. Not only does a living will protect you, it protects your loved ones against indecision and uncertainty.
