It is the job of doctors to try to save the lives of their patients. Sometimes, however, a patient may be terminally ill and in extreme pain and want to die naturally, while a doctor may want to use equipment and medications to keep the person alive as long as possible. If the patient can communicate his or her wishes, the doctor will follow them. But what if the patient is so ill that he or she cannot tell the doctor his or her wishes regarding the use of life-prolonging treatment?
A living will is meant for situations like these. A living will (some states call it by a different name, like an "Advanced Health Care Directive") is a document that states your wishes regarding the use of life-support equipment in the event you are incapacitated and unable to communicate. It tells your doctors, hospital and family members the life-sustaining equipment you want — or don’t want. It is called a living will because it can take effect while you are alive.
Terri Schiavo Case
The widely-publicized case of Terri Schiavo is an important reminder why all adults should have a living will — including younger adults. Though just in her 20's, Terri had a heart attack that left her unable to speak and she had to be kept alive with feeding tubes. This turned into a decade long legal fight between her parents and husband over what she would have wanted to happen in the event feeding tubes were needed to keep her alive. If Terri had prepared a living will expressing her wishes, this agonizing and lengthy legal battle could have been avoided.
Living wills are extremely beneficial documents. Yet some people delay making a living will because the subject is hard to think about, or because they think they may later change their mind about life support measures. It’s important to remember that:
• the subject is real. With medical advances helping people live longer, difficult life-support decisions are inevitable for more people and their families. Preparing a living will now can spare your loved ones excruciating difficulty later.
• a living will takes effect only if you can’t communicate. If you can express yourself, what you say at that time will be followed.
• you can always change or revoke a living will. If you change your mind about using life-support equipment, you simply change an existing document or make a new one.
• living wills give you a lot of flexibility in terms of stating your wishes and instructions. For example, you can say whether you want certain types of equipment, medications or artificial nutrition or hydration to be used or not used, and you can say that life-support equipment should be used only for a certain time.
When To Make A Living Will
As Terri Schiavo’s case shows, sickness and incapacity can happen suddenly, and the worst time to try to find out a person's wishes regarding medical care is in the midst of a medical crisis. Therefore, it’s best to prepare a living will as soon as possible. It will help make sure that if you are incapacitated, your wishes regarding the use of life-sustaining equipment will be followed. It will also help prevent agonizing family disputes like the one Terri Schiavo’s husband and parents went through.
How To Make A Living Will
There are specific legal requirements for making a living will. These requirements vary from state to state, but they typically include a requirement of a certain number of witnesses (in some cases including witnesses who are not related to the person making the living will). Generally, a living will that is prepared in one state will be valid in a different state.
Once a person makes a living will, he or she should make sure it's put in medical records so all treating doctors and hospitals are aware of its existence.
Living wills are extremely useful planning tools. They will make sure your wishes regarding the use of life-sustaining equipment are followed if you are ever unable to communicate and this is an issue for you. Laws about making living wills are complex, so it is important to seek legal help in making one. For more information about living wills and help in preparing one, please call us.
Contact an attorney at DeMarco & Triscaro today. Please call us for all your legal needs. We offer a full range of legal services to individuals, families and businesses, including personal injury, estate planning, real estate, family law and business matters. We are dedicated to providing the highest quality legal services at a reasonable cost. |
