Facts on a Living Will
Jim Morrison was right: No one here gets out alive. Sooner or later, death comes for us all. And many of us will face heart-wrenching end-of-life decisions, either to be made by us for ourselves, or by our families if we are no longer able to make informed decisions. A living will is one of a set of documents -- along with a medical power of attorney and advance directive -- recommended by most legal and financial professionals to ensure our wishes are respected as we come to the end of our lives.
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Definition
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A living will is a legal document that sets forth a person's desires for measures to be taken to prolong life. Other terms for the living will include advance directive or health care directive. The living will can make certain declarations that no one else can make on your behalf, such as a request not to have heroic measures taken or even include a "do not resuscitate," or DNR, order.
Medical Power of Attorney
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A medical power of attorney is a document that legally authorizes someone to make medical decisions on your behalf if you are incapacitated. The individual you designate to make decisions on your behalf is called a "health care agent." It is important to establish a health care agent because if you are brought to a hospital and you are incapacitated, the hospital will look to your nearest living relative to make difficult decisions. Their decisions will trump lifelong partnerships and friendships, even if the blood relationship has been estranged for years.
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Specific Directives
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Your living will may contain a number of instructions on how you want your affairs handled at the end of your life. For example, you could request your organs be harvested and donated to those in need. You may dictate the criteria under which you would like medical professionals to discontinue life support. You may also include provisions for end of life care if you are pregnant, for example, such as requesting to be kept on life support long enough to deliver the baby, if practicable.
Considerations
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A living will does not become effective until the prognosis for ever regaining consciousness is poor. Medical conditions that typically result in a temporary incapacity will not activate the terms of a living will. You may wish to enact a DNR request if you anticipate that final medical expenses may needlessly deplete your family's wealth with little prospect of doing any good, for example.
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