Living Wills Don’t Have to Be Legalese, Can Be Easily Executed
Source: Advocate; Baton Rouge, La.
The Terri Schiavo case has resulted in an explosion of interest in living wills, which some estimate as few as one in four
Americans have filled out. A look at some basic facts about living wills and other medical directives:
What is a living will?
A document that allows a person to state how far he or she wants medical care to go if severely ill or injured and unable to
function without assistance - and, importantly, the limits people want to set on care.
Where can you get a living will?
Forms for living wills or similar advance directives can be obtained from each state, and are also available in many other
places - from hospitals, medical associations and local organizations dedicated to aging or to caring for the terminally ill.
State-specific forms can be downloaded online at the Web site for the National Hospice and Palliative Care Organization.
Do you need a lawyer to prepare a living will?
No, most documents only require witnesses. Some documents require or suggest that the living will be notarized. But a
lawyer can help you think through related end-of-life issues.
Does a living will cost money?
The documents themselves can be obtained for free from many sources. A standardized living will, meeting legal
requirements in 36 states, is the popular "Five Wishes" document produced by the nonprofit Aging with Dignity. It is available for $5 through that organization.
What do I do with a living will once I've signed one?
Make several copies. Keep one in a safe place, give one to a close relative and one to your physician. Some states suggest
you file a copy with your county probate court for safekeeping.
Does executing a living will mean that I'm telling a doctor not to help me if I become critically ill?
Not necessarily. The will, depending on the choices you make, can specify what care you want and what you don't. It can tell
doctors or hospitals, for example, to keep feeding you but not to help you breathe if you can no longer do that on your own.
Is a living will enough?
Experts recommend that you should also choose a person to help manage your health care in case you become so ill that
you cannot do so yourself. That person is referred to, variously, as a health-care proxy, surrogate or someone who is given
durable power of attorney. "Not only do you have the living will, but you have someone who can say, 'Yes, that's what the
patient would've wanted,' " said Dr. Cecil Wilson, a Florida internist.
Once I complete the will and select a health-care proxy, am I finished?
If you choose to be, but experts recommend that you update the will if you are diagnosed with a serious or terminal disease.
So then what should people do?
The best path, say those who work on these issues, is for a person to have a calm, detailed discussion with family members
and loved ones about the end of life. That would include executing a living will and choosing a health-care proxy, and could
also touch on spiritual issues and messages to survivors, as well as other medical issues such as organ donation and 'do not resuscitate' orders.
How do I start down that road?
Advice can be found from local hospices or aging organizations, or from an attorney who specializes in elder law. Another
guide can be found for free online, the "Health Care Advance Planning" tool kit from the American Bar Association's Commission on Law and Aging.
On the Internet: National Hospice and Palliative Care Organization: http://www.caringinfo.org; American Bar Association Commission on Law and Aging: http://www.abanet.org/aging/toolkit/home.html; Aging with Dignity: http://www
.agingwithdignity.org/.
Living wills
An excerpt from the living will available through the state of Connecticut:
I, (YOUR NAME), the author of this document, request that, if my condition is deemed terminal or if I am determined to be
permanently unconscious, I be allowed to die and not be kept alive through life support systems. By terminal condition, I
mean that I have an incurable or irreversible medical condition which, without the administration of life support systems, will,
in the opinion of my attending physician, result in death within a relatively short time. By permanently unconscious I mean that
I am in a permanent coma or persistent vegetative state which is an irreversible condition in which I am at no time aware of myself or the environment and show no behavioral response to the environment.
Publication date: 2005-03-29
© 2005, YellowBrix, Inc.
Source: www.Funeralwire.com
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