Information on Living Wills

An important part of life planning is to make your wishes for medical care explicit, so your instructions can be carried out when you're not able to communicate them. A living will provides information to your health care providers about the kinds of treatment you do and don't want to receive.

Features

A living will, not to be confused with a Last Will and Testament, is a note to any future doctors or health care workers who might treat you in the future. It is a formal declaration of the types of medical services you do or not wish to receive. To avoid confusion with the estate related probate document, many states have switched from "living will" to the term "health care directive" or something similar.

Features

Rules governing a living will--how it should be written, what it must contain, and how it must be witnessed--vary by state (see Resources). Most states have forms based on the state laws that make it easy to create a living will. Such forms allow the creator of the living will to address whether he wants to be kept alive on life support if he suffers a incurable or irreversible mental or physical condition--the primary reason most people draft such a document.

Function

In addition to life support, a living will usually also lists permitted and unpermitted treatments or procedures. The crucial condition that causes the living will to come into effect is your inability to communicate your preferences. This occurs if you are in what is called a "persistently vegetative state," essentially meaning that without life support you would die. A condition of such extreme consequence, however, might not be necessary depending on how the living will is drafted and the laws of the state.

Types

A living will is only one of a number of estate planning documents that contemplate the incapacity of an individual, and it's important to understand how they interact. A living will is similar to a medical power of attorney, but the latter actually empowers an individual to authorize or prevent treatment according to your instructions. The living will instructs the medical professionals. If you want doctors to consult someone other than an immediate family member in an emergency situation, a durable power of attorney is necessary, though California combines these two into a single Healthcare Directive.

Considerations

Realizing that not every medical situation can be expected, it's important to designate an attorney in fact for health care in addition to creating a living will. The treatment choices in these documents should be consistent and as wide-ranging as possible. Another consideration is whether your living will is valid in other states. Some states explicitly recognize living wills formed in other states, and most medical professionals will honor your stated wishes, but if you know you spend a lot of time in more than one state you should look into the compatibility of the laws. You can also execute a separate living will document for each state.

Resources

• Living Wills Laws by State
• Living Will FAQ
• Create a Living Will