What is a Living Will?
A living will is a document that tells physicians or other healthcare providers whether or not you want life-sustaining treatments or procedures administered to you if you are in a terminal condition or an irreversible condition. It is called a living will because it takes effect while you are still living.
The living will is an advance directive that an individual can execute to state their wishes regarding whether they wish to continue receiving life sustaining medical procedures or continued nourishment or hydration, during a period of time when their health condition is terminal. This usually means that the individual has a health condition from which they are unlikely to recover. Frequently, the living will is used for those patients with one of the many types of cancer. The living will is a form that is created in each state and its terms are usually defined by statutes. Before executing a living will insure that it complies with the law in your state. Although the forms are usually state specific, a form executed in one state pursuant to that states statutes is frequently satisfactory in other states to insure that the declarant’s wishes are fulfilled.In some states, in addition to having a terminal condition the living will is to be used when the individual has been in a comatose
Also called “a durable power of attorney,” it is a document authorized by statutes in all states, in which a person appoints someone as his/her proxy or representative to make decisions on maintaining extraordinary life-support if the person becomes too ill, is in a coma or is certain to die. In most states the basic language has been developed by medical associations or other experts and may provide various choices as to when such maintenance of life can be terminated. The decision must be made in consultation with the patient’s doctor. The living will permits a terminal patient to die in dignity and protects the physician or hospital from liability for withdrawing or limiting life support.
A living will is a legal document that outlines very specific medical instructions if you are alive but unable to communicate your wishes. A LegalZoom living will includes a healthcare power of attorney, which assigns a healthcare surrogate to make healthcare decisions on your behalf if you are incapacitated.
