Living Wills Ensure Your Loved One's Wishes Are Honored
Certain documents get filed away as part of an elite club of paperwork marked "important documents". Among them are birth certificates, marriage licenses, property deeds and living wills. Right at Home can help you plan these important decisions.
"What's a living will," you ask? Should you or your loved one have an accident and become unable to make important medical decisions, this document could save the family much frustration and suffering, yet only 38% of Americas actually have a living will in place. It is important to understand the process of writing a living will so that the document can be legally executed when needed.
Before You Begin
A living will, or an advance health care directive as it is called in some states, is a legal document which tells doctors and family members what treatments the person is not willing to undergo if they become terminally ill or in a vegetative state (a sustained, complete loss of self-awareness that requires life support to keep the person alive). In some states, this document can also state the medical power of attorney, or the person who is given permission to make important medical decisions should your loved one lose capacity to do so. In other states, these are outlined in two separate documents, so it is recommended that an attorney be consulted before beginning this process.
When you're ready to proceed, first learn the laws in your state. There are no federal laws about living wills and laws will be different in each state. So if your loved one moves to another state, it will be important to check the laws in that state, as well. If your loved one travels to other states often, it may be wise to have a living will for the states he or she visits the most. Before writing a living will for multiple states, check with an attorney to be sure that writing one in a different state does not make your original document null and void.
Writing the Living Will
When your loved one begins to write the living will, he should start by attesting to his sanity and his free will in making this decision. This is important proof that the will is legal. This can be done using the statement, "Being of sound legal mind and acting under no coercion." This is usually done at the very beginning of the document after stating the name of the person the will pertains to. The person the will is for should also be 18-years-old at the time he signs. If he's not, he must be examined by a doctor or psychologist and found to have the capacity to make these kinds of decisions. This needs to be put in writing.
Next, your loved one should describe the exact circumstances for which the living will would become usable and which treatments he or she does not want to receive. For example, he may want the will to be used if he is in a vegetative state, has a terminal illness, has brain damage or is paralyzed. Your loved one also may refuse the following services to stay alive if he is suffering from any of the conditions listed previously: dialysis, cardiopulmonary resuscitation (CPR), extraordinary means (for example, a respirator), artificial nutrition or hydration (feeding tubes and intravenous saline). Your loved one may also wish to add a D.N.R. (do not resuscitate) order to the document.
Another important thing to consider is medication. Your loved one should decide, and put in writing, whether or not he wishes to receive any medications such as pain relievers that insurance will pay for. Choosing to not take this medication can cause pain or severe discomfort. Finally, your loved one must specifically state in the living will that he knows the will instructs his doctor to withhold or discontinue extraordinary medical treatment or artificial nutrition and hydration.
Your loved one, two witnesses and a notary public or clerk of the superior court must sign the document to make it legal. In most states, the two witnesses cannot be your loved one's doctors, a spouse or family member, the person who signed the living will by proxy if your loved one was physically unable, the person chosen to be the medical power of attorney, anyone who is legally obligated to pay for medical care, an heir or anyone who has a claim against your loved one. All witnesses must be completely impartial and must not be in a position to gain or lose property or funds as a result of the document.
Medical Power of Attorney
If your loved one decides to choose a medical proxy or medical power of attorney, whether or not it is stated in the same document, there are a few things to consider. This is the person your loved one will trust to make important medical decisions if he is unable to do so, including consenting to or refusing medical treatment, hiring and firing medical providers, admitting into and discharging from hospitals, accessing medical records and making decisions about organ donations. It's important that this person is willing to do what he or she knows your loved one wants. It's also important that this person is able to withstand the pressure of making such decisions. The necessary forms for this process should be available online at your state's official website and at your local hospital.
Storing and Distributing the Living Will
Once a living will is complete, it's important to store it in a safe place. It is also a good idea to carry a wallet-sized card stating that a living will is in place and where the living will can be found. Give a copy to all primary doctors, the lawyer and family members. A copy should also be given to a home care agency if one is being used and/or the facility in which the person lives, the medical power of attorney (if one has been established) and close friends (if the person feels comfortable doing so). The original should be kept in a safe, yet easily accessible place. It should not be put in a safe deposit box because it may take too long to retrieve. Remember, doctors are not legally obligated to follow the living will until they have been provided with a copy.
For more information about living wills, speak to an attorney from your state who specializes in this type of law. You can also find many forms and examples of living wills online, but remember that these documents are executed differently in every state. You may want to go to the Living Will Registry website, in addition to watching this helpful, straightforward and entertaining video. For more information about elder care planning, contact a Right at Home location near you.