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Article by Peter Wendt

All too often, family members are left to make important life-altering decisions during a time when emotion weighs more heavily than reason.

Imagine this tragic scenario: An elderly woman was brought to the hospital, unresponsive, by ambulance. She is seen by an attending doctor and has some pertinent tests administered. Meanwhile her husband and adult children, whom were told to wait in the lounge, pace anxiously for three hours. Finally, the attending doctor and neurologist walk into the room and inform the family that she has suffered a massive stroke. She is currently on life support. She has no brain activity and there is no hope of recovery. The doctors will ask at this point if the family wishes to continue life support measures.

If the woman in the above scenario had a living will drawn up, the answer will have already been made. If she does not, the family has to sort through tough decisions while in a heightened emotional state.

A living will is an advanced directive for certain medical conditions. It is separate from a will that directs benefactors, heirs to the estate, and other last wishes. Surprisingly, many people choose not to have this simple document drawn up. The living will protects the patient?s wishes concerning life-saving measures in the event of a terminal illness diagnosis and the patient is incapacitated and unable to make decisions on his or her own behalf. The living will can also dictate which measures and procedures will be accepted and which will not. Also, state laws vary on the definition of ?life-saving measures.? For example, in some areas CPR may not be considered a life-saving or heroic measure, but the patient may not wish for it to be used if there is no hope of recovery with its use.

A living will is simple to be drawn up. Not only are you protecting your medical decisions, you save your loved ones from having to make a decision they may not be prepared to make. Typically these can be prepared for free, signed by two witnesses, and notarized.

Once the living will is prepared and signed, it is important that any and all appropriate family members as well as your health care providers know the of its existence. This legal document will protect you in the event you are unable.

While no one wants to think about the what-ifs, being prepared with a living will protects you and your loved ones.

Article by Abraham Avotina

There are several reasons to invest in the legal protection of a living will. It is predominately used for the itemizing and carrying out of ones medical wishes. This document is intended for use in the event of medical emergency or impending health decline. When it comes to your own life, limb, organs, and tissue this document offers you the final judgment and your wishes will be followed. There is a sense of relief for loved one?s who feel that the burden of choice has been taken off of them. No one wants to think about incapacitation or death while they are in the throws of living; they just want to live.

During this time you may also wish to address additional familial concerns with the individuals in your life. This entails what you wish to have happen with care for your children or pets during extended hospital stay or comma. Pets can be left in the care of a spouse, relative, friend, or you may choose to have your pet placed into a shelter that accepts your two or four-legged friend. The care of your children is far more complicated if your spouse is indisposed, if there has been a divorce and therefore division of opinion on how the children learn of your illness or be cared for in the interim. If godparents or grandparents are predetermined and available, they can offer that additional support, in one?s absence.The living will document does not fall under the area of probate law it does however make clear the power of attorney as it relates to one?s health care instructions. However, this document will explicitly express one?s directions of medical judgment as it relates to their care and potential incapacitation. You have to share the document with those of your family members who will be able to speak up for you and inform physicians and care givers of your wishes.

You may also want to take the time to share your most intimate wishes with your family should you be rendered unable to speak to them at a later date. This may include stating that you wish to only have a certain length of time for good-byes or to attempt to have certain persons present. You may also designate certain organ donations to the national registry or your entire body to medical science, if you are not religiously or emotionally inclined to the choice of cremation. The living will, Last Will and Testament as well as trusts are all separate documents. However they will benefit from a legal experts preparation. This documents are legal exercises in one?s say over how the hard work and mementos will be divided amongst the people, organizations, and charitable causes that made life worth living each day. The choice now and in that moment will always be yours.

Article by Michael Smith

A living will is an important legal document that states your wishes regarding healthcare in times when you have no longer the capacity to speak for yourself and create this decision on your own. By having this document around, your family and medical personnel will be guided accordingly as to what they can or cannot do in case you suffer from comatose, unconsciousness and mental incompetence. In order for you to reinforce your living will, it also becomes necessary that you appoint a health care representative. Your health care representative is the person which has full authority to implement your wishes as what has been outlined in your living will.Your living will contains advanced medical directives that you?ll want received or withdrawn whenever you become physically and mentally unable to do so. An example of this concerns life-prolonging interventions. These include the use of respirator as well as the provisions of nutrition and hydration through artificial means. When you become physically-unconscious, IV feeding can be provided for you on short-term basis and tube feeding can be delivered on long-term durations. Also included are diagnostic tests that can further be made as well as surgery, administration of drugs, dialysis and blood transfusions.Another directive that can also be included pertains about organ or tissue donation. Although this may be optional, having your family informed and more importantly, your health care representative with regards to organs and tissues you want donated is very crucial. By making your wishes known, it makes it possible to preserve the tissue or organ you want to donate so that it becomes medically-possible for any transplantation.When you are too old and living in hospice care, you can also include a do not resuscitate or DNR order. Usually when a person goes into cardiac or pulmonary arrest, the individual is given CPR and other resuscitating procedures to save his or her life. But if you have a health care representative who can show proof to medical personnel about your DNR order then they will have to comply with your wishes. This choice is often very hard to accept by family members so it is always important that you talk to them so that they will understand your decision whenever the time comes.A living will and all the directives that it contains are all part of estate planning. Since it is a legal document and you need full authorization and witnesses to have them valid, you must consult a certified estate planner like the Estate Planner Austin TX. There are also some conditions and requirements that must be met in choosing a health care representative. With the aid of Estate Planner Austin TX, you will be able to comply with these guidelines without making any mistakes. A solid living will can also be made that will respect the healthcare wishes that you want for yourself.

Article by Jennifer Button and Anita Barnum

A Living Will is a legal document addressing only deathbed considerations; a client unilaterally declares his/her desire that life-prolonging measures be discontinued when there is no hope of ultimate recovery.

On the other hand, people use a Durable Power of Attorney for Health Care to appoint someone to make all healthcare decisions, limited by certain elections regarding deathbed issues. Sadly, such monumental decisions go unprepared when our elderly loved ones pass away before finishing a Living Will or Power of Attorney of any kind.

The client must be at least 18 years old and mentally competent at the time he/she executes either document but incompetent to participate in the decision-making process when either is implemented. It is worth noting that both documents are only applicable if the client is incompetent.

Under the a Living Will, a client declares that if he/she is certified to have an incurable, terminal injury/illness and/or to be permanently unconscious by two examining physicians (including the client’s attending physician), that artificial life-support systems be withheld or disconnected. The client may also elect to discontinue artificial nutrition and hydration (intravenous feeding) by so designating on the form. When an elderly person is at this stage their chart in the hospital or Nursing Home will reference the acronym “DNR” meaning Do Not Resuscitate. This advanced directive can save many seniors and their families much unneeded anguish and allow everyone to emotionally prepare for one’s passing away instead of taking care of legal details.

Under the Health Care Power of Attorney, the client makes three separate and independent elections authorizing the agent: 1. to direct disconnection of artificial life-support systems in the event of terminal illness; 2. To direct disconnection of artificial life-support systems in the event of irreversible coma; and 3. to direct discontinuation of artificial nutrition and hydration. In addition, the Health Care Power of Attorney form provides a space for the client to set forth any specific medical, religious or other desires concerning his/her health care. The client may also use this section as a backup source for organ donation.

Both documents are signed in front of two witnesses and a notary public or a justice of the peace who acknowledges the client’s signature. The witnesses to a Living Will are sworn by the notary public/justice of the peace and indicate that the client is at least 18 years of age and signed the instrument as a free and voluntary act. The Living Will witnesses may not be the client’s spouse, attending physician, heirs-at-law or person with claims against the client’s estate.

The Health Care Power of Attorney witnesses may not be the designated agent, the client, spouse or heir or person entitled to any portion of the client’s estate upon death under Will, Trust or operation of law. Many times people are frequently confused as to why both a Living Will and Health Care Power of Attorney are necessary or appropriate. The Living Will is helpful as a backup document: In the event that the client enters an irreversible coma and the health care agents designated in the Health Care Power of Attorney are deceased or unloadable, the Living Will sets forth the desires of the client concerning his/her death-bed treatment which may be followed by attending physicians.

The law provides that to the extent that a Durable Power of Attorney conflicts with a Living Will, the Health Care Power of Attorney controls. Copies of both the Durable Power of Attorney for Health Care and the Living Will are forwarded to the client’s primary care physician for inclusion in medical records.

Both documents are revocable through normal revocation procedures. Upon entering a Nursing Home a Durable Power of Attorney for Healthcare will be asked for to then be included in the chart of the patient. This document, along with a Living Will are documents that are not asked for upon entering an Assisted Living community.

Preparation is the underlying thread here and families are much better off facing these difficult decisions now then attempting to make these decisions later.

Article by Trust Inheritance

A Living Will, or an active declaration as it is also known, is a document outlining your intentions in the event that you should become incapable of making your own healthcare decisions. Specifically, this refers to life-sustaining medical treatment such as resuscitation, mechanical ventilation and artificial ventilation.

History

First proposed by the American Lawyer Louis Kutner in 1969, Living Wills were initially conceived as a means of allowing patients to refuse life-saving treatments. However, in the early days, these documents were difficult to enforce as the language used did not accurately translate into specific medical actions and treatment.Over time, however, the standard and development of frameworks for the effective documentation of Living Wills has greatly improved. Today, people can make a Living Will, safe in the knowledge that should the unthinkable happen, their wishes will be fully taken into consideration.

Why make a Living Will?

Living Wills may be helpful in the event that an individual becomes incapacitated and unable to communicate, therefore being unable to dictate what medical treatment, if any, they receive. Many people may be prompted to make a Living Will to protect them from un-necessary pain and also prevent their loved ones from having to watch them suffer. They can also be helpful in removing the burden of potentially difficult decisions from loved ones. However, it is worth noting that Living Wills are not a form of Euthanasia. In certain cases, Living Wills can be used to prolong life rather than cut it short.

The advantages of making a Living Will

There are many advantages to making a Living Will. Primarily, it makes provisions for circumstances where one is unable to make reasoned judgements about medical care and allows them to dictate how they are treated.It opens up a dialogue for discussion with family and loved ones about what should happen in certain circumstances, enabling individuals to reach decisions, which take everyone’s views into account.

The disadvantages of making a Living Will

For most people, the thought of contemplating a situation where they are incapacitated is something which is hard to face. Many people who live healthy lives find it difficult to imagine themselves in a position where a Living Will would come into effect.

The Living Will has to be constantly updated to reflect the wishes of the individual, which may change over time. For these reasons, most people neglect to make a Living Will.

When should I make a Living Will?

It is always a good idea to consider making provisions for ill health. However, most people find that the best time to make a Living Will is in the early stages of a diseases or illness. This is because it is only when an individual is faced with these circumstances that they can fully understand the implications of the decisions they are making. Also, they can make informed decisions with the help and guidance of medical professionals.

Trust Inheritance are specialists in producing Living Wills for clients across the U.K. Our team of skilled will writers take the time to listen to your needs to ensure you make a Living Will that accurately represents your wishes. To find out more, visit: http://www.trustinheritnace.com.

Article by Chris Dethridge

A recent media survey in the UK revealed that more than half of those interviewed had little or no notion of what a living will is, yet nearly everyone could say what a will is and how it functions. This confusion is perhaps understandable as the term ‘living will’ in itself seems to be a contradiction.

But what is a living will and how does it work? Well, the answer is simple. A living will is a document that makes clear the wishes of an individual in advance of a time when they do not have the mental capacity to do so themselves. These wishes generally relate to medical treatment, for example, whether the individual wishes to agree or refuse certain types of medical treatment. Additionally, the individual can put their views forward verbally – when talking to a healthcare professional, for example – but making a written statement provides such views in a much more unambiguous manner. Written statements have the added benefit that they can be viewed at any time.

However, general written statements – sometimes known as advance statements – are not necessarily legally binding, although healthcare professionals would have to take them into consideration in the case of the individual no longer having the mental capacity to decide for themselves, and they can be put forward as evidence of the wishes of the individual by family and friends.

The contents of the written statement will inevitably vary from individual to individual but there are some common inclusions. Factors often included in a living will generally regard what treatment, or treatments, the individual would prefer to have and what treatment, or treatments, the individual would prefer not to receive. It is also beneficial for the individual to include the circumstances in which they either do or do not want to receive such treatments.

Some individuals, for example, might not want to receive a certain treatment no matter how ill they are; whereas others may be happy to receive the same treatment once they reach a certain level of illness. Another useful consideration to record in a living will would be to name a particular person to be consulted by a healthcare professional if there is a decision that needs to be made regarding treatment that the individual is unable make.

Almost everyone can make a living will. If, however, an individual has been diagnosed with a mental illness, then they will need to be able to show that they fully understand the potential implications of the living will they wish to make. This generally indicates that the individual must be ‘competent’ enough to make the living will, but does not have a bearing on whether or not the individual can make other decisions in their life at the time they write the living will.

There is much more that a living will can and cannot do, and it is best to seek professional legal advice if you wish to make one. Professional legal advisors can explain all of the key elements of living wills, taking into account a range of factors eg the situation where new drugs become available as advances in medicine are made (meaning that an illness untreatable at the time a living will is made may be treatable by the time an individual falls ill) can be accounted for in a living will.

Ultimately, it is important that an individual make sure that their living will is entered into their medical records so it is still acted upon in case of emergency. In the case of a verbal living will, it is important that close friends and relatives are well aware of the wishes of the individual.

This article is free to republish provided the authors resource box below remains intact.

Article by Christopher L. Miller

As a Greenville, S.C. estates attorney and Greenville, S.C. trusts and estates lawyer one of the tasks I am called on to do is prepare a health care power of attorney and living will. The people of the great State of South Carolina have been benefitted by the passing of the Death With Dignity Act which allows for the appointment of a person to make health care decisions for another, and for the statement of your wishes pertinent to health care procedures that you do or do not want to receive.

Such a law is not without its controversy. Critics may see this as one step down the road toward active euthanasia. Religious scholars have not hesitated to weigh in on this subject. The writings of Christian, Catholic and Jewish leaders have by and large been accepting of the idea of appointing a health care agent and putting into place a living will to express your wishes. The following is a list of general precepts that can be gleaned from writings from the Catholic Church:

1. Our physical life is sacred but that our ultimate goal is everlasting life with God. We are called to accept death as a part of the human condition. Death need not be avoided at all costs.

2. Suffering is “a fact of human life, and has special significance for the Christian as an opportunity to share in Christ’s redemptive suffering. Nevertheless there is nothing wrong in trying to relieve someone’s suffering as long as this does not interfere with other moral and religious duties. For example, it is permissible in the case of terminal illness to use pain killers which carry the risk of shortening life, so long as the intent is to relieve pain effectively rather than to cause death.”

3. Euthanasia is “an action or omission which of itself or by intention causes death, in order that all suffering may in this way be eliminated.” “[Euthanasia] is an attack on human life which no one has a right to make or request.”

4. “Everyone has the duty to care for his or her own health and to seek necessary medical care from others, but this does not mean that all possible remedies must be used in all circumstances. One is not obliged to use ‘extraordinary’ means – that is, means which offer no reasonable hope of benefit or which involve excessive hardship.

5. No health care agent may be authorized to deny personal services which every patient can rightfully expect, such as appropriate food, water, bed rest, room temperature and hygiene.

6. The patient’s condition, however, may affect the moral obligation of providing food and water when they are being administered artificially. Factors that must be weighed in making this judgment include: the patient’s ability to assimilate the artificially provided nutrition and hydration, the imminence of death and the risks of the procedures for the patient. While medically-administered food and water pose unique questions, especially for patients who are permanently unconscious, decisions about these measures should be guided by a presumption in favor of their use. Food and water must never be withdrawn in order to cause death. They may be withdrawn if they offer no reasonable hope of maintaining life or if they pose excessive risks or burdens.

7. Life-sustaining treatment must be maintained for a pregnant patient if continued treatment may benefit her unborn child.

Such principles and guidelines from the Christian heritage should guide us and others as they strive to make responsible health care decisions and execute health care proxies. They should also guide health care facilities and providers in deciding when to accept and when to refuse to honor an agent’s decision.

Considering the current political debate on the escalating costs of health care, it would be wise for society to encourage people to clearly express their wishes with regard to health care before they become unable to do so.

The S.C. Death With Dignity Act is deceptively complex, given the interplay between the health care power of attorney and the prescribed living will form. South Carolinians are well advised to consult with an attorney when the time comes to implement your wishes.

Article by Shan Perera

It certainly is a good idea to consult or even use a living will attorney who in turn must be a person that regularly practices in the field of trusts, wills and probates as well as estate planning. A well qualified and experienced living will attorney will be able to proffer the best legal advice to help you draft your living will in a manner that ensure that the living will holds up in court and which also adheres to applicable laws in force in your particular state.

State Bar Organizations

The better living will attorneys are those attorneys that are able to demonstrate their association with their state’s bar organizations and who also are continuously improving their knowledge about living wills through ongoing educational courses and who also understand mandatory liability insurance which is important in case the lawyer makes a costly mistake in drafting out the living will.

One of the more important considerations that you will need to address when it comes to appointing a living will attorney, besides their experience and education, are the costs involved. Many a time hiring a living will attorney can prove to be very costly though when you look at this in more detail, a properly made living will can help save you much time and money as compared to an ill-worded and wrongly drafted living will.

A properly made living will also ensures that your family members are spared an emotional nightmare which would affect them if you made a badly conceived and ill worded living will. When it comes to the actual costs of hiring a living will attorney you will come across a wide variety of options ranging from highly affordable fees that a living will attorney charges when operating out of a small cabin in the suburbs to the exorbitant fees charged by the rich and well known attorneys operating out of Park Avenue or Beverly Hills.

The price you will have to pay to your living will attorney depends on how much legal time and skill is required to create the living will and also how clear you are in your mind about your wishes. In addition, it also depends on how unusual your requests are.

Making an online will is quick, convenient and also very stylish. What’s more there are many online sites that specialize in providing such services including the excellent website Make Your Will where you can expect a no-frills experience that will help you get the will made without much effort or time and more importantly at affordable costs.

Question by Trey S.: Can a power of attorney make a living will for the person they represent?
My great grandmother’s very ill now and my grandmother thinks it’s time she made a living will. Problem is, my great grandmother has Alzheimer’s but my grandmother is her legal power of attorney. She wanted to know if she could legally write my g.grandma’s will for her or if there needs to be a lawyer present or anything.

Best answer:

Answer by Scouse
In UK no way and your grandmother knows that will apply in US. No other person can not make a will for you not can anyone sign it on your behalf. Your great grandmother is past knowing what is what so it is too late. A Living will? Sounds like someone wants to practise euthanasia

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Question by 95948: Does a new Living Will over ride the old one ?
My parents made a Living Will years ago.If they make a new one will it over ride the old one?
We live in California.
Can we do one at home without a lawer?What are the basics for this?And doyou know of any place for instructions?

Best answer:

Answer by old school PHD – spuds to you
what a great travel question.

of course the new one will over ride the old one.

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