Archive for the ‘Living Wills’ Category
The Advantages Of Living Wills And Living Trusts
Planning for the future basically involves a number of benefits. For one, it prepares you and your family for the inevitable. Aside from that, it allows you to formulate your decisions level-headedly.
Then again, it is not unlikely for the task to become too emotionally charged at times, which makes it all the more fitting to get it done with a sound mind. But before you proceed with putting things in order ahead of time, it would certainly be a good idea to be familiar with the advantages of living wills and living trusts.
Living Wills
A living will contains instructions concerning your health care preferences in black and white. Your immediate family members, as well as your health care provider, will refer to these directives if you’re incapable of making or expressing your decisions about medical treatment. Anyone who has reached the legal age of 18 ? or 19, in certain states ? may draw up his or her own living will, provided that he or she is also of sound mind.
The biggest advantage of making a living will is that it allows you to voice out your preferences on the subject of life support measures and other medical treatment options. Even though your family and friends may not hold the same philosophy about the matter, the creation of such a legal document gives you an opportunity to confer with them and explain your choices.
You also get the chance to justify how your morals and values influenced your decisions. This furnishes them with a better insight into what you would ultimately want to come about in such difficult situations.
Without a living will, your immediate family members could face the possibility of paying large hospital bills. Aside from that, your savings account could also be used up to the point of bankruptcy.
Knowledge can give you a real advantage. To make sure you’re fully informed about Living Wills, keep reading.
So, in a way, the creation of a living will makes it possible for you to safeguard your family from the additional burden of searching for financial resources to pay for your hospital confinement and medical treatment ? provided that the chances of recovering from your condition are very slim.
On top of the financial encumbrance, living wills also take away the likelihood of disagreements when trying to reach a consensus about your medical treatment. So instead of fighting against each other to determine what’s best for you, your family can concentrate more on accepting the inevitability of death.
Living Trusts
A living trust is a legally binding arrangement that places all your assets in a trust. More often than not, the grantor or creator also serves as the trustee. Although, you may also appoint another person or institution to act as one in case you lose interest in the duty or become incapacitated to fulfill your obligations.
Speaking of its advantages, a living trust allows you to manage your properties for the purpose of generating profits for your beneficiaries. In addition, it makes it possible for you to conserve or look after your assets’ growth.
Another obvious advantages of living trusts are the probability of reducing estate taxes and controlling the administration or use of the assets long after the grantor has departed from the world of the living. These legal documents also offer protection for the beneficiaries against creditors.
The advantages of living wills and living trusts are indeed numerous. So before its too late, safeguard yourself and your family from the harsh reality of the inevitable and from the fact that things could turn out real bad without proper planning.
About the Author
By Anders Eriksson, proud owner of this top ranked web hosting reseller site: GVO
Living Will Forms And How They Work
Current info about Living Wills is not always the easiest thing to locate. Fortunately, this report includes the latest Living Wills info available.
Making an advance directive should be viewed as more than just filling out the correct living will forms. The amount of time you spend mulling over the type of care you want ? or do not want ? and talking about your wishes with your family and friends is definitely more important than merely writing check marks on appropriate boxes.
The written document is without a doubt an excellent way to remember and keep a note of your health care preferences. However, on no account can it substitute for the time spent in discussing those choices with your immediate family members and loved ones.
When you are mentally and emotionally ready to make a living will, keep in mind that every state has a different law ? and at times, a unique form ? with regard to this type of advance directive.
Although it is typically not obligatory to seek for the help of a lawyer when preparing such legal document, you may want to consider consulting one if you have any particular concerns about the matter. You may also confer with an attorney in case the various living will forms you have procured do not suit your needs.
The contents of the living will form is also as important as procuring the proper form. So give your health care decisions a considerable amount of thought before putting them on paper. Nonetheless, you can always change or add more specific instructions anytime you want to.
After the completion of a duly signed and dated living will form, think about enlisting it with the U.S. Living Will Registry. In this way, your medical treatment choices will be accessible to your family and your health care provider whenever and wherever considered necessary.
It’s really a good idea to probe a little deeper into the subject of Living Wills. What you learn may give you the confidence you need to venture into new areas.
By nature, a living will form is filled out ahead of the precise time it will be needed by its creator. Preparing in advance, however, can lead to two possible problems: looking for a safe but accessible storage space for the document, and making certain that it still mirrors your wishes even if it has been stored for 15 years or so.
The possible problems indicate the necessity for a central storage area that can provide fast and easy access to living wills. Needless to say, it has to maintain both confidentiality and privacy.
Common Sources of Living Will Forms
The most obvious place to look for living will forms would be at your local hospital. The United States federal law commands all health care facilities to provide advance directives information to residents in their communities ? including information regarding state-specific statutes. You may get hold of a living will form by getting in touch with the Social Service Department or Patient Representative of the hospital.
If you prefer to conduct your search online, then try visiting the web site of the American Bar Association. The site can provide you with much-needed information about living wills and a long list of excellent resources.
You may also go traditional by seeking advice from an attorney. Private legal firms that deal with advance directives can usually furnish you the proper living will forms.
Then again, doing so would require you to shell out some cash. If you don’t that at all, then this would be an excellent way to make a living will.
About the Author
By Anders Eriksson, feel free to visit his top ranked GVO affiliate site: GVO
Living Wills: Putting Your Refusal Into Writing
Would you like to find out what those-in-the-know have to say about Living Wills? The information in the article below comes straight from well-informed experts with special knowledge about Living Wills.
The current medical advances have made it possible for health care providers to artificially prolong life. To some people, the notion of hooking their loved ones to a life support system may be not be agreeable especially if there is no definite chance of recovery from the debilitating condition.
However, a lot of folks strongly believe in the inviolability of life. And unless the patient himself or herself wills the termination of life-prolonging measures, no one has the right to pull the plug. Then again, the only way that this would happen is through the use of living wills.
You may not initially welcome the concept of living wills. But as you try to weigh the pros and cons, you will begin to realize that it is not a bad idea after all. A great deal of planning and preparation is your best option if you want your hospital care to turn out the way you want to ? even if it involves pulling the plug for all forms of artificial life support. In addition, putting your wishes into writing is the right path to take in this particular situation.
Possible Reasons For Refusal of Treatment
There may be a million of different reasons why people would want to refuse medical treatment. Then again, most of these rationales may be placed under two broad categories. The first one basically involves the overall benefit of the medical intervention. If the advantage of a particular medication or procedure is not huge enough to substantiate the associated discomfort and risk, then the patient may decide not to receive such measures.
Think about what you’ve read so far. Does it reinforce what you already know about Living Wills? Or was there something completely new? What about the remaining paragraphs?
Even though most folks would be willing to undergo a number of risky and unpleasant treatments in order to live longer, this statistics should not be viewed as the basis for the medical care of all patients ? particularly those that do not have living wills. Some people actually prefer a shorter and more comfortable life, especially if the quality is significantly compromised.
The second probable reason for the refusal of medical treatment would be the existence of intolerable circumstances. In spite of the simplicity and tolerability of a particular life-sustaining intervention ? such as a nasogastric tube (NGT) feeding, some may say no to it in the presence of an irreversible condition like a persistent vegetative state.
When viewed in this light, the life-prolonging measures may be met with completely atypical decisions. The treatment would then be perceived to lengthen the period of suffering, for both the patient and immediate family.
Even though some decisions fall effortlessly under one of the two broad categories, others just would not fit below any. Based on the circumstances present, the term “medical treatment” may involve the use of ventilation tubes (inserted into the chest or neck), the administration of antibiotics or any drug with a high probability of success. Benefit/burden decision-making in these situations could bring about different choices.
If you want certain treatments to be withheld when you’re no longer able to decide for yourself, you should specify them in your living will. Numerous health care declarations or living wills contain instructions intended for doctors to deny the provision of “life-sustaining treatments” or “extraordinary care”.
These directives are often difficult to interpret correctly and are less likely to be followed than those that are more detailed.
Those who only know one or two facts about Living Wills can be confused by misleading information. The best way to help those who are misled is to gently correct them with the truths you’re learning here.
About the Author
By Anders Eriksson, feel free to visit his top ranked GVO affiliate site: GVO
Living Wills For Health Care
This article explains a few things about Living Wills, and if you’re interested, then this is worth reading, because you can never tell what you don’t know.
The possibility of becoming terminally ill or debilitated is not something that is easy to ingest. A lot of people simply choose to brush it off as an improbable event. However, this risk shouldn’t be considered as a matter that is worth ignoring.
You should be prepared in such circumstances as early as possible. One of the valuable ways you could do that is through living wills for health care.
Living wills are legal documents that contain a person’s specific wishes with regard to health care. These legally binding papers take effect in the event of severe illness and incapacity to convey preferences and make decisions about medical treatment and other life-sustaining measures.
The Triggering Circumstances
There are basically two broad situations in which advance directives in a living will may be valid: terminal illness, and permanent disability.
1) Terminal Illness
A terminal illness is a condition wherein death is anticipated within a fairly short span of time. More often than not, people dislike the idea of medical treatment for the sole purpose of sustaining life without restoring its quality.
While some families would deem this as acceptable, others simply consider it as prolonging the pain and suffering. Most living wills for health care deal with this kind of situation. Also, a lot of doctors would unhesitatingly respect the desires conveyed in the living will with regard to terminal care.
If you happen to be the type of person who prefers a shorter yet more comfortable life in the face of a terminal illness, you can certainly demand for it in your living will. So in case you become incapacitated and unable to communicate, your attending physicians and your family will no longer assume what you would have wanted since you’ve already outlined it for them.
2) Permanent Disability
The more authentic information about Living Wills you know, the more likely people are to consider you a Living Wills expert. Read on for even more Living Wills facts that you can share.
Regrettably, some living wills fall short in addressing another main concern ? permanent disability. It is a lot more difficult to arrive at any consensus as regards to this condition for two primary reasons.
First, the attending physicians and the health team may attempt to put in their own sets of values to a patient’s care. While they may have the same opinion about withholding measures to sustain life in the case of a terminal illness, they may strongly contest the same action in patients with permanent disability.
The second reason is the existence of a wide assortment of chronic impairments. Because of this, people usually argue as regards to what constitutes an unbearable condition.
For instance, some may be terrified of a stroke that could result in the inability to communicate, while others may be scared of impaired mental capacity or permanent dependence. Simply said, the circumstances that could activate the application of a living will to permanent disability may vary on a case-to-case basis.
Needless to say, you ? as the creator the living will ? must determine the triggering circumstances. These conditions should be defined as explicitly as possible with reference to three main factors: type, severity, and irreversibility or permanence.
Terms like “impaired communication” or “loss of dignity” should be avoided since they may have different interpretations to different people.
Living wills for health care can indeed save the patient and his/her family a great deal of pain. They somehow offer answers that are often too difficult to decide on.
Aside from that, these legal documents provide a guarantee that the patient’s wishes are implemented in the event of such painful and upsetting circumstances.
About the Author
By Anders Eriksson, proud owner of this top ranked web hosting reseller site: GVO
Exploring The Contents Of Living Wills
Although a lot of people have heard and known about what a living will is and what it is for, not everyone is really familiar with its scope. The saying “knowledge is power” is definitely applicable in such situation. So before you go ahead and draft one for yourself, be acquainted with the contents of living wills first. This way, you would be more knowledgeable about how they can be of assistance to you and your family when that difficult moment turns up.
The most significant aspect of creating a living will would probably be the part that involves deciding what you want to come about in case you fall into a terminal illness or coma. Although you alone can determine what is in fact best for you, with regard to medical treatment, this right can be easily stripped off of you in the face of incapacitation.
Some people would refuse to receive life-prolonging measures if the most wanted quality of life cannot be brought back. Others, however, would prefer the exact opposite. Whichever option a person would choose, let it be known that it is his or her right to come to a decision with regard to health care. Nevertheless, if the ability to communicate his or her preferences is taken away, then that is where the serious difficulty starts ? the determination of whether to prolong life the life of a loved one or not.
The wide variety of disabilities leaves the contents of living wills more vulnerable to disputes between doctors, family members and patients. More often than not, people hold different points of view and expectations with regard to serious medical conditions. In addition, some types of permanent infirmities and chronic ailments are more manageable compared to others and should basically be viewed on a case-to-case basis.
Those of you not familiar with the latest on Living Wills now have at least a basic understanding. But there’s more to come.
A living will should contain the kind of circumstances a person would wish to endure. They should be in writing and should be defined in specific terms using the following criteria: type of illness or injury, severity, and prognosis (particularly pertaining to irreversibility or permanence).
On top of that, the narrative should be comprehensible and purely medical. Steer clear of statements like “I do not want to be in a persistently hopeless state” as they are more unclear compared to straightforwardly saying no to the application of a mechanical ventilator.
In general, it takes a considerable amount of time to precisely determine if a patient will remain in bad shape permanently or if a certain degree of recovery is probable. In a lot of cases, a definitive diagnosis is usually formed after weeks of close observation. A person’s medical condition, however, may change without warning ? either for the better or for the worse. That is why it is vital not to indicate time restrictions in your living will.
Instead, build your request or refusal for treatment on the possibility of recovery, the probability of enduring discomfort or pain, and the professional opinion of the attending physicians. Other causes of treatment refusal may include the lack of merit for the risk or pain, and the distressing state of treatments (i.e. hemodialysis sessions).
Although the contents of living wills are similar in most cases, the state laws may involve several additions or specifications in the forms. For this reason, it would also be an excellent idea to gain knowledge about state-specific policies.
When word gets around about your command of Living Wills facts, others who need to know about Living Wills will start to actively seek you out.
About the Author
By Anders Eriksson, feel free to visit his top ranked GVO affiliate site: GVO
All About New Jersey Living Wills
Have you ever wondered if what you know about Living Wills is accurate? Consider the following paragraphs and compare what you know to the latest info on Living Wills.
The policies on New Jersey living wills may bear some resemblance with that of other states in the United States. But for purposes of specificity and just to make sure that things are carried out according to state procedure, it would be best to familiarize yourself with New Jersey laws on the subject of advance directives.
The Basics
The legal term for living wills is Advanced Directive. The Health Care Act of New Jersey had codified this document almost fifteen years ago.
In the state of New Jersey, a living will is deemed as a simple document that needed to be in writing, dated and signed in the presence of two sworn witnesses whose main role is to verify the competence and coherence of the creator and to make sure that no undue influence was present at the time.
Then again, it may simply be acknowledged, signed and dated in the presence of an attorney, a Notary Public, or a person authorized to oversee oaths in New Jersey.
The living will normally takes effect when it is conveyed to the attending doctor who has ascertained the patient’s lack of capacity to decide for his or her own medical treatment.
Now that we’ve covered those aspects of Living Wills, let’s turn to some of the other factors that need to be considered.
After the document is drawn up, a coherent patient may choose to revoke the directive either by written or verbal notification of the cancellation to the “health care surrogate”, attending physician, and other members of the health care team. Just by saying so, the patient has the right and power to change his or her mind any time and for no apparent reason.
How A Living Will Works
In agreement with the conditions of an Advanced Directive, life-support measures may be withdrawn or withheld if the patient: is permanently comatose or in a terminal state, as diagnosed by an attending physician and verified by another qualified doctor; or has a grave and irreversible disease, of which the likely associated risks of the treatment to be withdrawn/withheld may be rationally estimated to prevail over the probable benefits.
With regard to the medical intervention, a person may refuse to receive any if the treatment: is experimental and not yet proven to be effective; is likely to delay an imminent death; or is likely to be unsuccessful in extending life. In addition, the attending physician is permitted by law to give out a “Do-Not-Resuscitate” (DNR) order in conjunction with a patient’s living will.
The law also compels the doctor to make confirmatory inquiry with regard to the existence of a living will. In other words, he or she is required to initiate the query and to make a note of it in the patient’s medical records. Health care institutions such as hospitals, nursing homes and hospices are also commanded by law to adopt certain policies regarding the application of advance directives. It is also their responsibility to provide suitable informational materials about the subject.
The New Jersey law expressly declares that living wills should not be construed to impair the responsibilities of health care providers to provide for the comfort and care of the patient and to relieve pain or suffering, in line with the time-honored nursing and medical standards.
New Jersey living wills are therefore valuable tools in ensuring that a person actually gets his wishes granted ? with regard to medical treatment.
Also, such legal documents saves the immediate families and health care institution from the burden of deciding for incapacitated patients.
About the Author
By Anders Eriksson, proud owner of this top ranked web hosting reseller site: GVO
Differentiating A Living Will And A Living Trust
Would you like to find out what those-in-the-know have to say about Living Wills? The information in the article below comes straight from well-informed experts with special knowledge about Living Wills.
The two terms living will and living trust may seem a bit vague. Oftentimes, people may even use them interchangeably. However, you have to understand that a living will is certainly different from a living trust. Although both may share a number of similar characteristics, you have to know their exact definitions for you to be able to fully utilize them to your advantage.
Living Will
It is a legal document that states your wishes regarding health care decisions in the event of an unfortunate occurrence such as a terminal illness or a permanent vegetative state. This form of advanced directive will only take effect once you have shown evidence of incapacity to participate in the decision-making process with regard to your medical treatment.
Basically, the policies that govern the making and application of living wills are based on state laws concerning the matter. The statutes may hold differing views from one state to another. So be sure to follow state-specific procedures to avoid conflicts since this is, after all, a lawful document.
Other states may not have particular laws pertaining to living wills. Then again, you may take advantage of the option to appoint a health care surrogate in case you become too ill to participate in making health care decisions for yourself. As the name implies, your surrogate will act and decide on your behalf under the mentioned circumstances.
Living Trust
In essence, a living trust is a written lawful document that partly takes the place of a will. It allows you to place all your assets (i.e. residential properties, bank accounts, or stock shares) in a trust to be administered to your advantage for as long as you live. In the unfortunate event of your death, all your properties will be transferred under the names of your beneficiaries.
Once you begin to move beyond basic background information, you begin to realize that there’s more to Living Wills than you may have first thought.
Most people opt to appoint themselves as the trustee in command of supervising all the assets of the trust. In this fashion, you can still be in control of your properties even though they’ve already been put into a trust. On the other hand, you may also assign a successor trustee ? either an institution or a person ? to administer the trust’s assets in case you become unwilling or incapable of performing your duties.
So basically a living trust guarantees that your assets will be handled according to your preferences ? that is if you become incapable of managing them yourself. In setting one up, you may initially want to serve as its trustee. However, it would be best if you also select a successor trustee while you’re still of sound mind to make the decision.
The trustee may take over the management of all your assets under the mentioned circumstances. And in case you pass away, the successor trustee you have appointed will act similarly to an executor of a will.
The usual functions will include gathering your assets; paying any remaining debts, taxes and claims; and distributing your properties according to your orders. Then again, unlike a will, all of these tasks may be carried out without court approval or supervision.
In comparison to a living will, a living trust is not normally considered a top priority and not everyone would benefit a great deal from it. For instance, a young couple without kids and noteworthy assets do not require the creation of a living trust. People with uncomplicated estate plans may not gain much from it too.
On the other hand, wealthy individuals who prefer court supervision for the management of their estate should steer clear from living trusts.
So you see, a living will and a living trust definitely differ in a lot of ways. The first is usually appropriate for almost anyone, while the latter is typically viewed in a case-to-case basis.
About the Author
By Anders Eriksson, proud owner of this top ranked web hosting reseller site: GVO
Facing The Difficult Task Of Making Living Wills
Preparing living wills is not an idea that is readily welcomed by a lot of people. In fact, most folks would even dread facing this task. However, there is something that could somehow alleviate the unpleasantness in the whole situation.
It usually comes in the form of a living will kit, which can provide guidance and assistance in the drafting of a living will minus the distasteful feeling of admitting the possibility of becoming ill to the point of incapacity.
A living will, which is also called an “advance directive”, is actually a legal document that declares a person’s preferences regarding long-term medical care at the time when he or she is no longer capable of autonomous decision-making. Living wills also come in two varieties: general and statutory.
The general living will asserts a personal wish without being consistent with any accepted standard. In contrast, the statutory will is a lawful form that coincides with the requirements of a particular state law concerning living wills.
Because of the legal implications of making a living will, it is highly recommended to draw up one while you’re still well and healthy. A lot of web sites on the Internet in fact offer information about this matter. You may even download free templates for living wills if you want to perform a run through. Just make sure that you seek for professional advice when you actually draft the final one.
The Basic Prerequisites
Since a living will is also considered a personal document, the contents may vary on a case-to-case basis. However, there are essential prerequisites that render it legal.
* Legal competence of the maker/owner of the living will should be established.
It seems like new information is discovered about something every day. And the topic of Living Wills is no exception. Keep reading to get more fresh news about Living Wills.
* The document should be signed by the maker/owner and two authenticate witnesses. In case the owner/maker is incapable to sign, he or she may ask a representative to do so. The witnesses should also be of legal age (18 years old and over). Also, the representative should not be any of the two observers.
* The date should be indicated and notarization must be done, if the state requires it.
* The directives contained in the living will should be consistent with the laws of a particular state. In general, they should relate to cases wherein the owner/maker has been diagnosed of a terminal disease, or has been comatose for a period that’s long enough to be considered permanent and any medical intervention would only function to maintain or prolong the current vegetative state.
As much as possible, you should tell your family or closest friends about your living will. You may even assign somebody to act or make decisions on your behalf in case you become incapacitated.
In addition, copies of the living will should be given to the owner/maker’s family members, the attending physician, the hospital/nursing home, and other persons involved in the medical care. A duplicate may also be submitted to a living will registry that will take care of the necessary distribution for a certain fee.
Living wills may also be changed or modified. In case you ever decide to make necessary changes, you should notify and furnish copies to all the recipients of your previous living will. Aside from that, all copies of the former document should be consequently destroyed.
The preparation of living wills is a naturally emotional matter. Even a calm and sensible person may find it difficult to fully concentrate on the task.
That is why it is important to get all the possible assistance ? both professionally and emotionally ? when drafting a legal document such as this one.
About the Author
By Anders Eriksson, feel free to visit his top ranked GVO affiliate site: GVO
Living Wills And Power Of Attorney
A coherent patient basically has the right to make an autonomous decision regarding health care. He or she may decide to refuse or accept any form of medical treatment in the event of an illness or trauma. However, when coherence is absent, the duty is typically passed on to the patient’s immediate family or the health care provider. This is when the concepts of living wills and power of attorney become significant.
For as long as you’re competent and rational, only you can decide what medical intervention to accept. Needless to say, you also have the right to decline treatment based on your personal beliefs and preferences. The usual scenario would include a thorough explanation from your attending physicians as regards to the advantages and disadvantages of a particular medication or procedure. Yet, regardless of your reasons, the health care provider is obligated to grant your refusal to receive medical care.
On the other hand, if you become incapacitated due to a permanent disability or a terminal illness, you may lose the right and ability to decide for your own medical treatment. In this case, the important determinations will have to be made on your behalf. And if you haven’t formulated any instructions, no one will truly know what you would have wanted to happen.
Consequently, the health care team and your immediate family will have to work with professional judgment and presumptions about your condition. So before it’s too late, learn about living wills and power of attorney and how they can make the situation a lot easier for and your family.
Living Will
A living will is a legally binding document that allows you to express your wishes in writing with regard to medical treatment. It normally contains instructions as to how you want to be taken care of in the event of a debilitating illness or a permanent vegetative condition.
More often than not, two witnesses are required to observe the signing of this legal document. A number of states even necessitate the presence of a Notary Public. Apart from that, the living will should be consistent with the laws of the state on the subject of advance directives.
The information about Living Wills presented here will do one of two things: either it will reinforce what you know about Living Wills or it will teach you something new. Both are good outcomes.
Since it is a legal document, the health care provider and your immediate family would be compelled to put your wishes into action. On top of that, a living will would certainly guarantee that your decisions about your medical treatment would be respected no matter what happens.
Power of Attorney
A power of attorney used in health care enables you ? the creator ? to name an advocate in the event of your illness or incapacity. This person would serve as your proxy in the decision-making pertaining to your medical care. Of course, your advocate should have full knowledge of what you intend or desire to happen in case you become too debilitated to actually speak or decide for yourself.
Certain qualifications and conditions must be fulfilled before a person can be named as your advocate. For instance, he or she must be of legal age ? eighteen years old and above ? and must only have your best interest in mind. You may pick your spouse, son, daughter, sibling, a friend, or any trusted person to act as your health care representative.
In case you want your advocate to be able to decline any medical treatment and permit you to pass away peacefully, you must specifically say so in writing.
Although the drafting of a power of attorney is not necessarily required, you have to remember that the legal authority of your representative will only take effect after you have duly signed the said document.
So choose between living wills and power of attorney, and try to determine which of the two would work best for you.
The day will come when you can use something you read about here to have a beneficial impact. Then you’ll be glad you took the time to learn more about Living Wills.
About the Author
By Anders Eriksson, feel free to visit his top ranked GVO affiliate site: GVO
Living Wills: Your Right, Your Choice
Would you like to find out what those-in-the-know have to say about Living Wills? The information in the article below comes straight from well-informed experts with special knowledge about Living Wills.
Every person has the right to self-determination especially on the subject of health care. This right encompasses the decision to refuse or accept a particular type of treatment, may it be as simple as an oral medication or as complicated as a surgical procedure.
An individual who is of sound mind and above 18 years of age is also entitled to plan and give directions concerning future medical care in the event of a serious infirmity or vegetative state. He or she may convey certain wishes through living wills.
A living will is a legal file that informs your immediate family and your doctors concerning your preferences about life-support measures. These specialized group of medical treatments could include artificial respirators and tube feeding ? all of which aim to prolong life with no definite hope of reinstating quality. The high-tech machines and gadgets may target and support specific organs in the body such as the lungs, kidneys, or the heart.
Normally, the orders stated in a living will becomes effective as soon as two qualified doctors ? one of whom should be the attending physician ? both concur in writing that the patient is either in a permanent/irreversible vegetative condition or close to death. Needless to say, it should be established that he or she is definitely incapable of expressing health care decisions.
In case you have a change of heart after completing a previous living will, you may effect the desired alterations in the legal document at any time. You may even call the whole thing off if you feel compelled to do so. Then again, you must follow certain procedures for the cancellation of a living will. State laws, with regard to living wills and advance directives, typically regulate this lawful action.
A completed and duly signed living will should be kept in a safe location where you and your immediate family can easily get hold of it. Therefore, storing this legal document in a secured deposit box is never a good idea.
If your Living Wills facts are out-of-date, how will that affect your actions and decisions? Make certain you don’t let important Living Wills information slip by you.
You should also inform your lawyer ? if you have one, as well as your next of kin, about the existence and whereabouts of your living will. In addition, your attending physician and health care provider should be notified and instructed in making the document a part of your permanent hospital records.
Living Will Vs. Power of Attorney
A living will is activated only when death is imminent or when a patient falls in a persistent vegetative condition and has lost all faculties of communication. It only handles the application or removal of life-support measures.
On the other hand, a durable power of attorney works in a different way. It basically goes into effect when a patient becomes incapacitated to make autonomous health care determinations. However, he or she does not have to be in a vegetative state or in a near-death condition.
The power of attorney also allows a surrogate to speak in behalf of the patient and to make the necessary health care decisions. But unlike a living will, the determinations are not restricted to life-prolonging treatments. The type and extent of decisions a surrogate can make essentially depends on your preferences.
It is not compulsory to have both a power of attorney and a living will. However, if you do decide to have both, you should make sure that they don’t clash. On top of that, you should view living wills as a right and not as a privilege given only to special people.
About the Author
By Anders Eriksson, feel free to visit his top ranked GVO affiliate site: GVO