Living Wills - 10 Most Common Questions
Today, more than ever, you need a Living Will. Discover the 10
most common questions you need answered so you too can have
peace of mind.
1. What is an advanced health care directive? Advanced health
care directives are written instructions that communicate your
wishes regarding care and treatment should you no longer be able
to make your own health care decisions.
2. What are the components? An Advanced Health Care Directive
includes: a. A Living Will which outlines your medical and
treatment choices b. Health Care Power of Attorney - the person
you appoint to make medical and treatment decisions when you are
no longer able to do so yourself.
3. How are they used? If you are no longer able to make choices
regarding your health care, these documents will communicate to
your physicians what treatments you want or don' t want such as
artificial administration of food and fluids, or even the use of
CPR or a breathing machine.
4. When do they become effective? These forms are only effective
when you cannot communicate your desires yourself. It may be
used in situations where you are terminally ill and will die
soon. In that case, life-sustaining procedures that only prolong
the dying process will be withheld as you have indicated.
Another time they will come into play is if you suffer from an
event or illness that leaves you permanently in a coma. Because
situations are varied, it becomes important to be as clear as
you can, and make sure your POA understands your desires.
5. What happens if I don't have one? Ever state has a hierarchy
that is followed that describes who is your next of kin and who
will make decisions for you. For instance, if you are a minor
child, it will be your parents. If you are an adult with a legal
spouse, that person becomes your decision maker. It becomes
complicated when family members/significant others disagree
about what your desires are. This is why these forms are so
important.
6. Can I change my mind? You can change your mind about what you
have written and who you choose as your decision maker at any
time by destroying the old forms and making a new one. Make sure
the new forms are given out to those that need them such as your
decision make, family/significant others, health care provider,
hospital, etc.
7. If I have a living will, does that mean I won't get
treatment? This is a common misconception, and the answers is
no. These forms do not mean NO CARE. You should always get the
care and comfort that you require.
8. Where do I get these forms? Often times, your health care
provider or hospital will have them. However, it's best if you
do them before you ever see these providers. You can obtain them
from your attorney, or there are several online sources where
you can get state specific documents for free.
9. Do I need to see a lawyer? No. You can fill these forms out
yourself following the form directions. That said, if you
situation is sticky, it would not hurt to get professional legal
advice. In most states the forms do not have to be notarized.
Make sure you get the required witnesses to sign these forms.
They cannot be relatives or employees of your health care
provider, hospital, clinic, etc.
10. Where can I find more information? Online, www.LawHelp.org
provides free information for most states. Most state
departments of health or your state legal association will be
able to point you in the proper direction.