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Reasons for a Living Will

It is important to note that a living will is a form of health care directive. Generally, its purpose is to direct your health care management when you are terminally ill. It has nothing to do with your last will and testament. A last will and testament is a different legal document written to direct the distribution of your material goods, and perhaps name a guardian for your offspring after your death. A living will can be written broadly, or it can be as specific as you wish. If you want to be an organ donor, you can include instructions in your living will to keep your body alive, if you are brain-dead, only long enough to harvest whatever can be used for other patients, and then to remove life support. You may include language to the effect that if you undergo a major surgery and your heart stops you do not wish heroic measures to revive you.

The Main Objective

The main objective of having a living will is to let people know in advance how you would want a situation handled if you are too sick to speak for yourself. Without such a document, decisions may be made on the fly by medical personnel who are motivated to save lives and who do not know anything about you or your personal life philosophies. Similarly, choices might wind up being made by family members you would not choose to do so, or even a judge who would have no idea of your desires.

Essential Communication

Having a living will that no one knows about is not going to help you in a moment of crisis. Make sure your doctor has a copy in your medical records. File one with the hospital you use. Most will insist that one be furnished before making any extreme decisions that are perhaps being suggested by family members. Let your family members know you have executed one, and give them copies. You might want to share a copy with your priest, rabbi, imam, or minister, too. Carry a copy in your luggage when you travel.

Refusing aggressive life support if you are close to death is not considered suicide. If you are close to death you can choose to let nature take its course without breaking any laws. Also, be assured that you are entitled to receive as much pain relief as you need while avoiding life-prolonging measures.

It is a good idea to discuss with your doctor the kinds of medical situations in which you would not want further treatment. This will also give you a good inkling as to whether you and she are on the same page philosophically about how to handle life-threatening situations, which can be dicey. If you discover that you disagree on this important issue, you should get a new doctor who will support your desires.

Hopefully you can have an open discussion with your family as well as with your doctor. The ideal time to have this conversation, obviously, would be when there is not a crisis under way. Having a living will in place takes a lot of pressure off your family if they are faced with making a very tough decision on your behalf. Don't think that living wills only apply to old people. Many famous right-to-die cases in the media have involved people in their twenties or thirties. Remember Karen Quinlan or Terry Schiavo? It is never too early to have a living will.

Family members are the ones who are called upon to make decisions for loved ones in a crisis even without a living will. Adult children or a spouse are the likely people to be consulted. However, there may be a storm of emotions at the height of a medical emergency, causing friction and disagreement over the best path for you. Meanwhile you may be unconscious and being kept alive against what would be your wishes had they been made known in a living will.

  1. Home
  2. Retirement Planning
  3. Transferring Legal Powers
  4. Reasons for a Living Will
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