What is a Living Will?
How do You Create a Living Will?
Drafting a living will now is a prudent move that gives you a say in how you want to be treated at the end of your life.
The (St. George UT) Spectrum’s recent article, “How to Make a Living Will,” explains that to adequately detail your wishes concerning your end-of-life medical treatment, you should have two legal documents: a living will that tells your physicians what kind of care you want to receive, if you become incapacitated; and a health care power of attorney or health care proxy. This document designates an individual you authorize to make medical decisions on your behalf, if you become incapacitated.
These two documents are sometimes called an Advance Directive. The documents are only used, if you are too ill to make medical decisions yourself. You can also change and update them, whenever you want.
It’s recommended that you have these documents prepared by an attorney who focuses their practice on estate planning and health care related matters. Many are members of the National Academy of Elder Law Attorneys (NAELA.org) and the National Association of Estate Planners and Councils (NAEPC.org).
In addition, you should think about whether or not you want to include a Do-Not-Resuscitate Order (DNR) as part of your advance directive. That’s because an advanced directive doesn’t really protect you from unwanted emergency care, like CPR. Doctors and hospitals in all states accept them. To create a DNR, ask your physician to complete a form that’s accepted in your state and sign it. Make sure to tell friends and family where it is located, if the time comes that it is needed.
Another document that you should know about, also related to your advance directive, is the Physician Orders for Life-Sustaining Treatment (POLST). This document is currently endorsed in 22 states, with 24 more in some phase of development. A POLST translates your end-of-life wishes into medical orders that will be honored by your doctors.
To be certain that your final wishes are followed, make sure that you tell your family members, health care proxy and healthcare team, so they all are informed as to what you want.
You should also provide copies of your advanced directive to all those involved, to help prevent stress and arguments when the time comes.
There are even services that will let you and your family store your advanced directive online, so that all who are authorized can have immediate access to them when they are needed.
Reference: The (St. George UT) Spectrum (June 11, 2018)“How to Make a Living Will”
Kyle Robbins
Kyle Robbins is the founder and sole owner of The Law
Offices of Kyle Robbins. He received his J.D. with honors from the University of Texas School of Law and his B.S. in Food Chemistry and Microbiology from Oklahoma State University.
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