What is a living will? An explanation of advance medical directives

advance medical directive

A living will or advance medical directive is a legal document in which you declare, in the event of a terminal or end-of-life condition, to withhold or withdraw life prolonging measures.

This is important to determine what measures you want (or don’t want) to artificially extend your life. While this is an unpleasant decision to think about, it is more distressing to your loved ones. They will be the ones faced with these decisions. Especially if there is a difference of opinion among them. Of course, your loved ones want to do the “right” thing. However, there is often disagreement about what the “right” course of action is.

You can take the burden of those difficult decisions away from your family and avoid disagreements among family members by spelling out your wishes in a living will.

When a living will operates

A living will comes into effect if you have an incurable, irreversible illness or disease that will result in death. That means you are dying and there is no cure for your situation. If you were in that scenario: Do you want your body to be sustained with breathing equipment, nutrition, and hydration tubes? Or do you want to die naturally?

You should determine if and what “heroic measures” to be taken to prolong your life when you are terminally ill. You can decide to withhold food (feeding tubes) and water (administration of IV fluids). However you may still be given medications to be free from pain or discomfort if you choose.

Advance Medical Directives should not be confused with a “Do Not Resuscitate Order,” called a “DNR.” A DNR is a medical order which states that if your heart stops beating or you stop breathing that doctors will not perform CPR or put you on life support.

How to make a living will

While you are healthy, it is critical make these important decisions. Consult an estate planning attorney to draft a living will that expresses your intentions. Because a living will is an important document, it must be properly drafted and witnessed according to your state laws.

Depending on your state, a living will might be called something else such as advance directive, advance healthcare directive, advance directive for healthcare. To make it even more confusing, some states combine your healthcare power of attorney with your living will. An estate planning attorney will know which document is correct for your state.

Who speaks for you?

A living will may or may not name a healthcare power of attorney. A healthcare power of attorney or health care surrogate is someone you name to make medical decisions for you if you are incapacitated and can’t make those decisions for yourself. Your healthcare surrogate is the one to make sure your medical team knows about your living will.

Parts of this article have been excerpted from Estate Planning for the Sandwich Generation: How to Help Your Parents and Protect Your Kids.

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