Each state has its own guidelines regarding medical decisions in the event the patient is incapacitated or unable to communicate on his or her own behalf. Drafting a living will means that, if you require end-of-life care, your wishes are known.
A living will is a type of advance directive, a legal document in which you outline your wishes regarding end-of-life care in case of terminal condition, irreversible coma, or a persistent vegetative state. These conditions strike at any age. Anyone over the age of 18 can benefit by having a living will. Remember, even when a child still lives at home, if he or she is 18, parents may no longer have the authority to make medical decisions for that child.
Living wills do have some limitations, but used in concert with other advance medical directives, such as a durable health care power of attorney, they form a powerful part of your estate-planning portfolio.
Naming a person that you trust to act as your health care power of attorney (or agent) is your first step. Your agent speaks for you when you are no longer able to speak for yourself. Discussing your preferences with your agent ensures he or she understands your choices and agrees to enforce them if it ever becomes necessary.
Do not ignore this discussion. Although difficult, it serves two purposes. One, you learn whether your chosen agent is willing to adhere to your wishes. Some people have moral or religious objections to certain medical choices. You need this information before naming an agent whose beliefs forbid him or her from following your wishes. The second reason is that this discussion ensures your medical agent understands your wishes. Issues not covered in your living will may arise. A full understanding of the spirit of your medical wishes helps your agent advocate on your behalf.
A living will allows you to make choices regarding end-of-life care. In Arizona, this means terminal illness or injury resulting in an irreversible coma or persistent vegetative state. Talking to your primary physician helps delineate these wishes, but some treatments to consider include:
Other stipulations include organ and tissue donation. If you choose to be an organ donor, understand that this necessitates life-sustaining treatment to complete this procedure. Include a statement in your living will or other advance directive that you allow this treatment specifically to allow doctors to harvest your organs and tissue.
Despite the word “will,” a living will has nothing to do with how you choose to leave your assets when you die. Instead, a living will details your wishes regarding medical intervention in the event you face an end-of-life event such as terminal illness or traumatic injury leaving you in a persistent vegetative state or irreversible coma. A will, sometimes called Last Will, is a document that may be filed with the probate court when you die that details to whom you want your probate assets to go.
Your living will indicates items such as CPR, intubation, and artificial feeding and hydration. Are there situations you want these things and others where you do not? Consider your feelings toward independence, self-sufficiency, and quality of life. Discussion with your primary doctor now, while you enjoy good health, helps in making these decisions.
Also, address palliative care, sometimes called comfort care. This includes treatments such as pain management as well as being moved to your home or placed in hospice care.
If you choose to donate organs or tissue, this often requires life-sustaining treatment that may run contrary to some of your treatment choices. Including a statement that you approve temporary intervention in order to harvest organs or tissue in other advance directives can help alleviate confusion.
Although these conversations are difficult, ultimately drafting a living will protects your family and loved ones. Few people would welcome the responsibility of choosing to deny a loved one medical treatment, even when the loved one makes that choice. Making your wishes known in a legal document such as a living will ensures both loved ones and medical staff understand your wants, so they may abide by them. You protect yourself and your loved ones with a living will.
No. A Do Not Resuscitate (DNR) is a separate document from a living will. A living will is only used in certain circumstances, whereas a DNR is used no matter what type of medical incident has occurred.
If someone has validly executed a DNR that is present when a medical crisis occurs, medical personnel will not use equipment, drugs, or devices to restart your heart or breathing. Many states require the DNR be executed on a specific color paper—like orange or yellow—to be legally valid. Most states require a doctor to sign a DNR as well.
If you have a DNR, it is recommended you keep it on your refrigerator as firefighters and paramedics are trained to look there for such documentation.
A living will is really a gift to your loved ones, as it frees them from having to make these heart-wrenching decisions on your behalf. It also ensures your wishes are met and protects your family at the same time. Contact us today to learn more about this important document, as well as other estate-planning tools.
Contact us today for assistance with designing and implementing your Arizona Living Will. And enjoy the peace of mind that comes from knowing you have a plan in place for how you will be cared for in an end-of-life situation.
A living will is an advance directive that tells what medical treatment a person does or doesn’t want if he or she is not able to make his or her wishes known.
Yes. A will, also known as a last will, distributes a person’s property after his death. A living will, on the other hand, explains what kind of medical care that person wants when he is still alive but unable to express his wishes.
Yes. Many people confuse living wills with living trusts because they are both estate planning options and they sound so much alike. But living wills and living trusts serve two entirely different purposes. A living trust covers who manages your assets and how you want them distributed. A living will covers only what happens if you’re in certain medical conditions.
Yes, all wills have the potential to be contested. If your living will is made while you are of sound mind, and previous to having to make decisions on medical care, you stand the best chance of your wishes being adhered to.
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