Living Wills

Many people do not understand the purpose of a Living Will. Some even think that a Living Will and a Last Will and Testament are the same thing. However a Last Will and Testament and a Living Will are two totally different legal document. In fact, a living will is more analogous to a “Power of Attorney”.

The primary purpose of a Living Will is to make it possible for you – the maker or owner – to instruct others in advance your wishes with regard to medical treatment or life support, and to lawfully instruct the health care professionals your wishes in that regard.

Because of the numerous advances in the field of medicine and health care, doctors are now capable of sustaining life – even if it means being in a permanently vegetative condition. This is one of the reasons why Living Wills have become so important.

Not many people like the idea of remaining in an almost lifeless state for an indefinite period of time. More often than not, the thought of extending life even when death is near is excruciating for both the family and the patient.

A Living Will makes it possible for you to decide whether life-sustaining measures and medical treatment should be continued or withheld. The directive may also include the refusal to take artificial feeding. Aside from that, you may even express other specific wishes before you become incapacitated to make decisions for your health care.

In order for the Living Will to be legally binding, the appropriate form must be utilized and it must be accomplished in conformity with state laws on the subject of Living Wills. Most states require the presence and signatures of two valid witnesses, the attendance of a Notary Public, or both.

In case the Living Will form necessitates the appointment of a patient advocate, he or she must not be either of the two witnesses. Your advocate will carry the burden of deciding your health care and medical treatment in the unfortunate event of your incapacity to make the decision for yourself. This person is also known as a health care representative. He or she may be a spouse, a daughter or son, a family member, a friend, or any significant person that you absolutely trust.

In essence, a Living Will becomes effective when the owner is no longer capable of making decisions with regard to medical treatment. It may be in the face of a terminal illness, permanent unconsciousness or coma, inability to communicate, mental incapacity, or vegetative condition.

In the event of any of these situations, the health care provider – a hospital, a hospice, or a nursing home – must be provided with a copy of the Living Will. The instructions contained within this legal document will serve as the basis for the continuation or withdrawal of medical treatment and other life-sustaining procedures.

The health care professionals, specifically the attending physicians, is legally bound to follow the directives indicated on a Living Will.

The owner of a Living Will may revoke or change the contents of the will provided it is carried out prior to his becoming debilitated. The proper procedures for revocation of a Living Will should be followed to make the act official.