Importance of Living Wills
When contemplating end-of-life care issues or when planning for incapacity, one document to consider is a living will. While every state in the country has different laws applicable to living wills, generally speaking, a living will is a document that states your wishes with respect to receiving specific types of medical treatments in the event you are unable to express these wishes for yourself. A living will is important because the document not only provides written instructions as to what types of medical treatment you would like, but also the document can assist in relieving your family's and/or friends' burden of making these difficult decisions.
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State Law Requirements
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As indicated above, every state has different requirements for a living will. Some states have a particular living will statute, which recognizes the validity of a living will in addition to proscribing the specific requirements of the legal document. However, it is important to note that some states, such as New York, do not have a living will statue. Thus, while you may still have a living will, since the law does not recognize this as a legal mechanism, health care providers do not have to abide by the document. Thus, it is important to check the laws of your state regarding living wills.
Contents of a Living Will
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Generally, a living will indicates that you would or would not want medical treatment in a certain situation. For example, if you were in a permanent vegetative state or if you were terminally ill with no hope of survival, you may not want to receive life-sustaining treatments, such as dialysis or resuscitation. The living will document would include statements to this effect and put the health care provider on notice as to what treatments you would or would not want. Furthermore, a living will can be specific in the treatments you would or would not want to receive or it could be a bit vague and refer to a broad type of medical treatment.
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Benefits
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There are definite benefits in having a living will. Initially, the document will stand in your shoes and advise a hospital, doctor or health care provider what you want in a certain situation. Thus, your wishes will be followed. Secondly, the document helps family and/or friends who may be involved in medical decision making on your behalf by providing concrete, written expressions of what your wishes are with respect to medical treatments.
Disadvantages
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There is one disadvantage to a living will. Since medical technology is always emerging and the impact of medicine is always in flux, it is possible to have a living will that does not reflect modern medical technologies. For instance, if you have a certain health condition and your living will indicates you would not want a certain type of treatment for that condition, but subsequent to your living will, a new effective treatment emerges, this might not be reflected in your choices. You can minimize this type of risk by frequently reviewing the document and making sure it is updated.
Importance of Communication
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The key to the effectiveness of the document is to make sure that the people involved with your health care are aware of the document. Check with them to make sure that they are fully apprised of the contents of the document and understand what your wishes are. Without disclosure of the document, there is no way for the living will to be effective. Be sure to communicate and explain the document to all necessary parties, including doctors, nurses, family and/or friends.
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