Living Wills - What Every Caregiver Should Know
Posted by admin on Feb 26, 2010
An advanced care directive, commonly known as a living will is something everyone should have. It is a legal document that states specific directives regarding medical treatments that must be followed by caregivers or the person appointed power of attorney for healthcare decisions if you are unable to give informed consent. A living will ensures that your wishes are carried out.
What Does a Living Will Cover?
There are some people that think this type of will is used only to direct health care providers to withhold necessary medical treatment. While many do use one for this type of instruction, it is also a way for a person to ask for all available medical techniques and treatments should they want them. These wills are complicated because they deal with medical issues so it is always a good idea to consult with your doctor so he can clarify any treatments or techniques you are unsure of.
One thing to keep in mind is the will’s legality does not take effect until the patient has been medically determined to be terminally ill or is in a permanent vegetative state, unable to communicate medical wishes.
The Difference between a Living Will and Durable Power of Attorney
Some functions of a living will can be performed by a durable power of attorney. The document gives the attorney legal power to make any healthcare decision for a person who is unable to make those decisions for themselves, in some cases it also allows the durable power of attorney to use his/her own judgment. Unlike a living will, a durable power of attorney does not depend on a vegetative state or terminal illness in order to be used. A good example of someone who would be incapable of making their own sound medical decisions is someone with Alzheimer’s.
If you choose not to have a will or appoint a durable power of attorney your family members may end up fighting and arguing over what treatment you should or should not be receiving. Even though a doctor will consult with your family they still may be split in the decision making. Since doctors only consult with family members, if you are unmarried the will and durable power of attorney will enable them to have a say in your health care decisions.
An Attorney-In-Fact
An Attorney-in-Fact is the person you assign power of attorney. Whomever you chose as the proxy for healthcare decisions or attorney-in-fact needs to be someone you trust and is comfortable talking about medical issues. An assertive and diplomatic individual is the preferred choice because you are choosing someone to be your advocacy. They may need to argue with the doctors and even your family members, and in some cases, go to court and fight on your behalf. You need someone who is aware of the choices your have made and will support any and all instructions you have laid out.
More people are choosing to have a living will as it takes the pressure off family members when it comes to making important medical decisions. Medical decisions should never be made with your emotions, but unfortunately it happens too often. This is why a living will is a very important document to have.
By: Maria Sandella
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Living Wills in Florida
Posted by admin on Feb 25, 2010
Of all the documents included in an estate plan, perhaps none is as important as your living will. Unless you are a judge, this is probably the only life and death document you will ever sign. Despite its importance, very few people understand how it actually works. This is understandable, as it is not the most pleasant of topics. However, failure to face this issue could result in your losing the ability to make these decisions for yourself when they are most important.
Life Prolonging Procedures
A living will is an advance medical directive in which you indicate your desire to provide, withdraw or withhold life prolonging procedures under certain circumstances. In the State of Florida, life prolonging procedures may be withdrawn or withheld in the event of a terminal condition, an end-stage condition, or a persistent vegetative state.
Terminal condition means there is no medical probability of recovery and, without treatment, can be expected to cause death. End stage condition means an irreversible condition resulting in progressively severe and permanent deterioration in which treatment would be ineffective. Persistent vegetative state means a permanent and irreversible condition of unconsciousness with the absence of voluntary action or cognitive behavior and an inability to communicate or otherwise interact.
Only in the event of one of these conditions will a living will go into effect.
Parts of a Living Will
A living will is made up of two separate parts. The first part designates when the living will is to go into effect. It could designate one or all of the patient conditions stated above as the triggering event. Once one of the designated conditions is determined to exist, the second part of the living will goes into effect. The second part indicates what treatments are to be administered or withheld. A common provision is that treatment to alleviate pain and suffering should never be withheld. If you share this sentiment, make sure your living will contains this provision.
Determining the Patient’s Condition
Determining the patient’s condition is a medical decision; however, for the exercise of a living will, there are legal requirements. In determining the patient’s condition, the patient’s attending or treating physician and at least one other consulting physician must separately examine the patient. The findings of each examination must be documented in the patient’s medical record and signed by each physician before life-prolonging procedures may be withheld or withdrawn.
Procedure for Disagreement
An attending physician’s decision to withdraw or withhold life-prolonging procedures may be disputed. Once disputed, the physician is required continue to provide medical treatment. A judicial review of the disputed decision must be sought within seven days, or the attending physician may withdraw or withhold life-prolonging procedures in accordance with the living will.
Conclusion
Life prolonging procedures may be withheld whether there is a living will or not. Having a living will ensures that these determinations are made based on your express wishes and not based on statutes and the opinions of others. Failure to state your wishes could also result in your loved ones being forced to make painful decisions without fully understanding your wishes. If these issues matter to you, you should ensure you have a living will that fully represents your wishes and desires.
By: Bart Scovill
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