Getting Your Affairs in Order: A Guide to Living Wills
Living wills--sometimes referred to as "health care
directives"--are for adults of all ages, not just the elderly.
Some of the most recognized court cases concerning the "right to
die" issue have involved people in their 20s and 30s--people
like Karen Quinlan and Terri Schiavo. Living wills are essential
documents for conscientious parents and spouses. Why leave your
family in a constant state of worry and confusion when a legal
document can specify your personal desires pertaining to the end
of your life.
There are many good reasons to record your wishes about
"end-of-life" medical care: you might be too ill or
incapacitated to express yourself when the time comes; your
family may disagree about what to do, leaving the doctors in a
difficult situation and more likely to keep you on life support;
you can personally make the difficult decision of whether or not
to use life support; finally, most living wills include legal
protection for doctors and hospitals, so they will not be sued
for honoring your requests.
Everyone knows they should get their "important papers"
organized and in order. The problem often lies in the fact that
the term "important papers" may be different for every family.
Items such as: sources of income, Social Security and Medicare
information, life insurance information, location of deeds and
important legal papers (birth certificates,etc.), location of
personal items such as jewelry and family treasures, name and
number of your checking and savings accounts should all be
included in a list of "important papers."
As of 2004, about 25 percent of all American adults have a
living will which specifies the medical treatment people do or
do not wish if they become terminally ill or incapacitated. All
50 states recognize living wills and a second legal document
known as the durable medical power of attorney. Although
different states have different rules for what living rules
should cover, all states allow you to decline aggressive life
support if you're close to death, without affecting your right
to get pain relief medications or other "comfort care." Refusing
medical treatment is not considered suicide, since it is not
illegal or immoral to let nature run its course.
The best way to express your views and desires on "end-of-life"
issues is to write them down. There are many different types of
legal documents that can help you plan how your affairs will be
handled in the future. Wills and trusts give you a method to say
how you want your possessions disbursed after you die. Advance
directives describe your health care wishes in case you can not
speak for yourself.
A power of attorney lets you give someone the authority to act
on your behalf. The three basic types are: a standard power of
attorney; a durable power of attorney; a durable power of
attorney for health care which allows you to name another person
to medical decisions for you if you are unable to make them
yourself.
Finally, a living will explains how you want your health care
handled if you are in a life-threatening situation and can not
make medical decisions yourself. It also gives you the right to
refuse certain types of care, and gives those who are caring for
you the legal protection and right to follow your wishes.
No one ever plans to be sick or disabled. However, it is just
this kind of advanced planning that can be of major assistance
in times of emergency. No amount of planning can cover all the
problems that can arise when we get old or sick. But a living
will can certainly help you and your family when heart-breaking
decisions need to be made.