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How does a living will work?

Question 7 of 9 (use "Last" or "Next" buttons to see more)
Last Update: January 02, 2008

The purpose of a living will is to guide your family and physicians in deciding on medical treatments when you are dying.

This document states the specific type of health care you do and do not want to receive near the end of your life. You may also hear it referred to as a “directive to physicians,” “health care declaration,” or “medical directive.” In some states, a living will only takes effect when your doctor certifies that you are no longer capable of making decisions (“incapacitated”).

A living will is most useful when you have appointed a health care proxy—someone (your “proxy” or “agent”) to make health care decisions on your behalf when you can no longer make them yourself. This document can guide that person in making decisions about your treatment and care, and reassure them that they are making the decisions you would want.

A living will tends to express in general terms what kind of treatment you do and do not want, for example whether you would want treatment that would artificially prolong your life. Some people list specific kinds of treatment they would accept or reject, such as artificial hydration or nutrition (a feeding tube), dialysis or chemotherapy. If you write a living will, make your preferences as clear and specific as you can.

If you do not have a health care proxy—or if for some reason your agent cannot perform his or her duties—your living will can still serve as a guide for your physicians. A living will can also solve disputes among family members and other caregivers about whether you would or would not want life-sustaining treatments. Be aware that in a few states, doctors are not bound by a living will.

You do not need a lawyer to write a living will but you may want to consult one, especially if you have unusual requests or there are disagreements between family members. You can use a standardized form and tailor it to your individual needs, but make sure it meets your state’s legal requirements. Discuss the contents with your health care agent and loved ones.

    For more information on how to how to create a living will and other documents that give directions for your future health care needs, click on the link in the GO TO box.

    To find out how power of attorney works, click on the link in the NEXT box.


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GO TO
How do I create documents that give directions for my future health care?

 
LINKS
American Bar Association's (ABA) Consumer Tool Kit for Health Care Advance Planning

 
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