How to Interpret a Trustee's Sole Discretion in a Living Will
A living will defines a person's wishes for medical treatment when incapacitated and unable to speak for himself under grave circumstances. Power of attorney is given to a spouse, family member or trusted friend regarding resuscitation, assisted breathing and feeding tubes, and can become very detailed regarding the time frame or severity of an injury or illness. If you are given sole discretion over someone's health issues through a living will, you are given the responsibility of whether doctors should continue treatment or allow life to take its natural course without aid.
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Instructions
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Read through the living will to look for the parameters. If the living will says "no feeding tubes," then there is no discretion; the patient's desires must be followed. Some living wills are more general and place the decision on the trustee or power of attorney.
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Speak with doctors about the patient's condition and prognosis for recovery with any and all treatment options. A living will that states "necessary for patient benefit and well-being" requires the trustee to review all options and weigh what will be best.
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Think about what the patient would choose if he had a voice. When a patient gives you the power of attorney as trustee in his living will, he is asking you to carry out his desires as if he were stating them himself.
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Make the decision to continue treatments, start new ones or discontinue some or all treatments. These options may include intravenous feeding, respirators, surgery or CPR options. Consulting with medical providers and family members may help in making a decision, but the final word lies with the you, the person given "sole discretion."
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Tips & Warnings
If you are given sole discretion in a living will, talk to the person about various scenarios and what they would want. While no one likes to speak about life-threatening situations, it helps to discuss options and limits.
A living will might give doctors and medical staff the sole discretion to do what is in the best interest of saving a life.
