What Are Living Wills?
A living will, also known as an advanced medical directive, states a person's wishes regarding certain medical treatment. It is not the same as the probate kind of will, which directs the transfer of property after you die. A living will goes into effect while you're still alive, but unable to communicate because of illness or injury.
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History
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The concept of a living will was first formally proposed in a law journal article by an estate lawyer in Illinois. Building on existing estate law that allowed a living person to provide directions for the administration of their assets after death, he conceived of an instrument by which a person could give instructions to future health care providers in the event they could no longer communicate their own will. In 1975, the collapse of a 21 year old into a coma after mixing drugs and alcohol at a party sparked a national debate on the right to die as her parents fought to remove her from life support. In 2005, the interest in living wills was revived by the case of Terry Schiavo, who was kept alive in a vegetative state entirely by life support. In the absence of explicit instructions from her, courts were forced to decide who had the right to make the final decision.
Function
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The purpose of a living will is to prevent the intervention of courts or laws into your health care when you are incapacitated. A living will can be used to authorize mechanical life support and other treatments, or to expressly forbid them. The living will is a set of written declarations instructing medical professional on what treatments you are willing to receive when you yourself are unable to communicate your intent.
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Effects
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A living will goes into effect immediately when a doctor determines that you are medically unable to communicate your wishes regarding treatment. The medical staff is then bound by the restrictions and permissions given in the living will document. Usually this includes a statement about life support (whether or not you want it) and the kinds of treatments you allow. Those who don't want artificial life support typically only permit treatment that alleviates pain during the final hours of life.
Significance
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It's fairly impossible to imagine every situation in which a person might find themselves unconscious in a hospital. So, a living will is usually not comprehensive enough to provide all the instructions a doctor might need. This is why those who draft living wills usually also create a durable power of attorney, or medical power of attorney, to designate an agent to make those decisions in their absence. They can discuss their preferences with the agent in advance and either give very narrow instructions in the power of attorney or leave decisions to the agent's discretion.
Considerations
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The laws in each state regarding living wills vary, so it's important to check the laws of your state or consult a lawyer. If you know you spend part of the year in another state, you might consider drafting a separate living will for that state, but many states will honor a living will from another jurisdiction. One situation that invalidates a living will in most states, though, is pregnancy. Because the doctors are obligated to act in the best interest of the child, they might be compelled to overrule instructions in the living will of a pregnant woman.
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