A living will, also termed an advance directive, is a critically important legal document that articulates an individual's preferences for medical treatment in situations where they are unable to communicate those wishes. This document plays a vital role in ensuring that health care providers respect personal decisions about life-sustaining interventions.
Key Takeaways
- A living will is a legal document that details the type of medical care an individual wants to receive if they cannot make decisions or communicate their wishes when care is needed.
- It typically covers life-threatening treatments such as resuscitation, ventilation, and dialysis but can also include preferences for pain management and organ donation.
- A person can appoint a healthcare proxy to make medical decisions on their behalf, providing an additional layer of management regarding personal health care choices.
- While a living will pertains to medical care, a living trust dictates how an individual's assets should be managed during incapacitation and after death.
The Importance of a Living Will
Living wills and other advance directives only take effect during serious health crises that hinder an individual's ability to communicate their treatment preferences. In cases of terminal illness or severe injury, health care providers consult the living will to determine the patient's wishes regarding aggressive life-sustaining procedures.
In the absence of a living will, medical decisions often fall to family members or significant others. These individuals might not be aware of the patient’s true desires, potentially leading to conflicts or decisions contrary to what the individual would have chosen.
Scope of a Living Will
A living will can include directives concerning:
- Resuscitation: Decisions about whether to attempt to revive someone via electric shock or CPR.
- Ventilation: Preferences regarding the use of mechanical breathing devices.
- Dialysis: Whether to use kidney dialysis to manage renal failure.
- Pain Management: Options concerning the administration of pain relief, even if it may hasten death.
- Organ Donation: Indicating willingness to donate organs and tissues posthumously.
Furthermore, many states allow living wills to extend to scenarios where individuals experience severe cognitive impairment without a terminal diagnosis, making it relevant for all adults.
Crafting a Living Will
Creating a living will requires thoughtful consideration of personal health care preferences as well as family dynamics. Here are key steps to take when drafting a living will:
- Distinguish Goals: Clarify what medical interventions align with your values and which ones you might want to forgo.
- Categorize Care Preferences: Segment the document by different areas of care such as life-sustaining treatment, care in a vegetative state, and nutrition methods.
- Discuss with Loved Ones: Share your wishes with family and friends who may oversee your care to mitigate confusion and respect your preferences.
- Consult Professionals: Work with an estate planner or an attorney to ensure your living will is legally sound and reflects your wishes accurately.
The Role of a Healthcare Proxy
In addition to your living will, you can designate a healthcare proxy or a medical power of attorney. This individual is responsible for making healthcare decisions on your behalf when you are unable to do so. Having a designated healthcare proxy minimizes confusion and ensures that your treatment wishes are followed. It is crucial to have open and honest discussions with your proxy about your health care preferences before appointing them.
Living Wills vs. Living Trusts
While both living wills and living trusts are essential components of estate planning, they serve different purposes:
- Living Will: Specifies medical care preferences when incapacitated and ceases to exist upon the individual's death.
- Living Trust: It is a legal arrangement for managing and distributing an individual’s assets during their lifetime and after death. A trustee is appointed to oversee the trust, ensuring that assets are handled according to the individual’s wishes.
Control and Flexibility
It's essential to understand that appointing a healthcare proxy does not eliminate your control over your living will while you are capable of making decisions. The proxy is only authorized to act when you are incapacitated. Regularly reviewing and discussing your living will with your healthcare proxy can ensure that they understand your preferences and are prepared to advocate for them.
Living Will vs. Last Will and Testament
Understanding the differences between a living will and a last will and testament is essential for comprehensive estate planning:
- Living Will: Addresses medical treatment preferences for incapacitation.
- Last Will and Testament: Outlines how an individual’s assets should be distributed upon their death.
Conclusion
Creating a living will is an empowering step individuals can take to ensure their medical preferences are respected in times of crisis. By carefully considering your desires and communicating them clearly, you can provide guidance that alleviates the burden on your loved ones during challenging times. Because laws can vary significantly by state, consulting with an estate planner or an attorney is advisable to ensure that your living will complies with local regulations and accurately reflects your wishes.