Basically, a living will is a form of expression of independence. We are; after all, free to decide, in life and in death. The expression living will is sometimes used to refer to a document in which you write down what you want to happen if you become ill and cannot communicate your wishes about treatment. It is quite common, for example, for people to write a living will saying that they do not want to be kept alive on artificial life supports if they have no hope of recovery.

What is A Living Will?


 
 
Every competent adult has the right to make decisions concerning his or her own health, including the right to choose or refuse medical treatment. When a person becomes unable to make decisions due to a physical or mental change, such as being in a coma or developing dementia, they are considered incapacitated. To make sure that an incapacitated person’s decisions about health care will still be respected, a living will is used to ensure this.

What is a Living Will?
A living will is a document which lets you decide whether or not to be kept on artificial life support. Often, these documents also appoint someone to make important health care decisions on your behalf in case you are unable to do so.

The law recognizes the right of a competent adult to make an advance directive instructing his or her physician to provide, withhold, or withdraw life-prolonging procedures; to designate another individual to make treatment decisions if the person becomes unable to make his or her own decisions; and/or to indicate the desire to make an anatomical donation after death.

Is the Living Will a Written or an Oral Statement?
It is a written or oral statement of the kind of medical care you want or do not want if you become unable to make your own decisions. It is called a living will because it takes effect while you are still living. You may wish to speak to your health care provider or attorney to be certain you have completed the living will in a way that your wishes will be understood. However, it is advisable to have your living will in writing.

How does a valid living will work?
The living will gives your doctor permission to withhold or discontinue life support systems under two conditions. Under the first condition, you must be both terminally and incurably ill. Under the second condition, you must be diagnosed as being in a persistent vegetative state. If two doctors diagnose one of these conditions, your doctor may withhold or discontinue extraordinary medical treatment or artificial nutrition or hydration as directed by your living will.

Make clear, consistent choices
You must instruct the doctor what you want done if your condition is terminal and incurable or if you are in a persistent vegetative state. You may make these choices in your living will by initialling the appropriate lines. If you make no choices, your living will is meaningless. If you make inconsistent choices, your living will is confusing and may not accomplish what you want. Read the choices carefully before initialling to make sure that your intentions are clear. An attorney can help you fill out the form correctly.

If your condition is terminal and incurable, your living will may instruct your doctor to do the following:
1. Withhold or stop extraordinary means
2. Withhold or stop both extraordinary means and artificial nutrition or hydration

If you are in a persistent vegetative state, your living will may instruct your doctor to do the following:
1. Withhold or stop extraordinary means only
2. Withhold or stop both extraordinary means and artificial nutrition or hydration

The living will must be signed, witnessed, and certified. This is preferably done after thorough discussion with your lawyer, doctor and family members. You have the right to decide how you live, so make the decision now.
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What does a Living Will Declare?

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And who needs a living will? Basically, a living will is a form of expression of independence. We are, after all, free to decide, in life and in death. The expression living will is sometimes used to refer to a document in which you write down what you want to happen if you become ill and cannot communicate your wishes about treatment. It is quite common, for example, for people to write a living will saying that they do not want to be kept alive on artificial life supports if they have no hope of recovery. The term advance directive is also frequently used to refer to such a document. Some people also use the phrase proxy directive to describe a document that combines a Power of Attorney and a living will.

Living Will Declaration
A living will is a declaration that you desire to die a natural death. You do not want extraordinary medical treatment or artificial nutrition or hydration used to keep you alive if there is no reasonable hope of recovery. A living will gives your doctor permission to withhold or withdraw life support systems under certain conditions.

Through advances in medical technology, some patients who formerly would have died can now be kept alive by artificial means. Sometimes a patient may desire such treatment because it is a temporary measure potentially leading to the restoration of health. At other times, such treatment may be undesirable because it may only prolong the process of dying rather than restore the patient to an acceptable quality of life. In any case, each person is seen, under the law, as having the personal right to decide whether to institute, continue or terminate such treatment. As long as a patient is mentally competent, he or she can be consulted about desired treatment. When a patient has lost the capacity to communicate, however, the situation is different. The living will is used when a person in question is no longer able to communicate their will, thus, the will which was written earlier will be used.

Although New York has no statute on the question, there are state and federal court decisions that have established the right of an incompetent or comatose patient to have his or her wishes respected, as long as those wishes are known. New York law requires clear and convincing evidence of what the patient would want. Of all the various acceptable forms of evidence, a health care declaration (called a Living Will) can be the best. It simply documents a person's wishes concerning treatment when those wishes can no longer be personally communicated. Even in New York, such a document is recognized if it is clear, specific and unequivocal.

You should realize that if you do not express your views, treatment to maintain your life, by whatever means available, will probably be provided once you are no longer able to communicate, even if family members object. Therefore, if there are conditions under which you would not want treatment, it is important that you communicate your wishes while you are able to do so. In addition, because it is important that your wishes be documented in the most effective way possible, it is recommended that you consult your attorney in regard to the preparation of a health care declaration.

Should I Discuss my Living Will with Anyone?
It is always recommended that your living will be discussed with your family members, your doctor and your lawyer. The living will needs to be signed, and witnessed. Find out more information on Living Wills, as this is a sure way of ensuring your wishes when you are not in the state to communicate them!
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How Does a Living Will Work?

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How Does a Living Will Work?
Through a properly drafted legal document, you name someone to carry out your wishes for your medical care in the event that you are unable to make those decisions yourself. Again, you can be very specific as to what treatments you would agree to and which ones you don't want. Having your wishes on paper can take the pressure off family members to make difficult decisions regarding your care.

The document can be drafted by a lawyer, or you could do it yourself, as long as you follow all the steps that make such documents legal in your province or territory of residence.

It's also a good idea to review your living will with your doctor. The doctor can ensure that you have understood the choices in the living will and that the instruction directive is suitable for your own health situation. If needed, get the opinion from a few doctors.

How do you revoke your living will?
You may revoke your living will by communicating this desire to your doctor. You may use any means available to communicate your intent to revoke. Your mental or physical condition is not considered, so you do not need to be of sound mind. Someone acting on your behalf may also tell your doctor that you want to revoke your living will. Revocation is effective only after your doctor has been notified.

Destroying the original and all copies of your living will may revoke your living will as a practical matter. However, if you have discussed this issue with your doctor, be sure to tell your doctor that you have revoked your living will.

If you sign a new living will, be sure to revoke all prior living wills that may be inconsistent with your new living will.

Where should you store your living will?
Keep the original in a place where you or your family members may find it easily. Some lawyers suggest that you sign several copies and have each one witnessed and certified. Then, you may give an original to each of the appropriate people. However, if you change your mind and revoke your living will, make sure that you destroy all the original copies.

If you have named a health care agent, give him or her a copy of your living will. You may appoint a health care agent with a health care power of attorney or with a general durable power of attorney. Ask your lawyer for details.

Give a copy of your living will to your doctor and any medical facility where you have regular appointments. Give a copy of your living will to your family so they understand your wishes. Also, carry a wallet card stating that you have a living will, where the original is located, and who to contact to get the original.

If you put the original of your living will in a lock box or safe deposit box, make sure someone knows where it is and has access to it. Otherwise, your living will may be found too late. It is a good idea to entrust your living will to your lawyer, or at least make sure your family members know about your living will!








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