A loved one’s serious illness or injury can be devastating for any family. And facing difficult decisions about that loved one’s care can make the experience even more difficult. What is a living will and how can it benefit your family if you become incapacitated? Ron Nevin, an attorney in Nashville, Tennessee, explains what’s included in a living will and how it’s used in making healthcare decisions when someone is seriously ill or injured.
A living will is a legal document in which you make your wishes known about how you want to be treated in the event that you become incapacitated. A living will comes into play in situations where someone is gravely ill or injured and may not survive. A living will designates which, if any, life-prolonging treatments that individual wishes to receive under such circumstances. A living will is also sometimes called an advance directive, health care directive, or a physician’s directive. A living will is intended to remove the responsibility for such emotionally wrenching decisions from family members.
The contents of a living will vary from person to person. Some people don’t want life-extending treatments if it’s clear that their desired quality of life cannot be restored. Others wish to be kept alive for as long as possible, even if they may be in pain, unconscious or otherwise mentally incapacitated. Here are some provisions normally included in a living will:
- Permanent Disability: Most living wills include conditional instructions for care under different circumstances. A living will usually includes the types of permanent disability the patient isn’t willing to endure – for example, a “permanent vegetative state” or a situation that requires ongoing use of a respirator. However, instructions in a living will must be extremely clear, medical in nature, and not open to interpretation in order to avoid controversy and confusion. Rather than stating in a general sense that you don’t want doctors to use “extraordinary means” to keep you alive, your living will should define situations in which you would not want to be kept alive (such as in cases where your condition is irreversible such as a permanent coma). Your living will should also define the types of treatments you do not wish to receive (for example, ongoing use of a respirator or a feeding tube).
- Do Not Resuscitate (DNR): Many living wills include a DNR order. A DNR order is intended to prevent doctors or rescue personnel from performing cardiopulmonary resuscitation (CPR) in the event that you’ve stopped breathing. A DNR order is most common in cases of terminal illness.
- Organ Donation: A living will is also commonly used to express an individual’s wish to donate one or more of his organs in the event of his death. Being an organ donor means that, if you die, your still-healthy organs or tissues can be used for transplantation into another person. According to the U.S. Department of Health and Human Services, each organ and tissue donor can save or improve the lives of up to 50 people.
The requirements for a living will vary from state to state. You will need to have an attorney help you prepare and execute your living will. In order for your living will to be considered valid, you must be at least 18 years of age and of sound mind, and your living will must be properly signed and notarized. You will also want to make sure your doctors and family members know that you have a living will in place. Individuals with living wills often carry cards or wear bracelets stating that they have living wills.
The information in the article is not intended to substitute for the medical expertise and advice of your healthcare provider. We encourage you to discuss any decisions about treatment or care with an appropriate healthcare provider.
This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Publication of this article and your receipt of this article does not create an attorney-client relationship.
