What Makes a Living Will Legal?
A living will is a legal document that may be executed during your lifetime and that gives specific instructions regarding medical treatment in the event you are ever terminally ill or in a vegetative state. State laws will differ with regard to whether they recognize living wills, and, if so, what specific instructions are allowed in a living will. Although living wills are governed by state law, there are a number of requirements to make a living will legal that are universal.
Other People Are Reading
-
Purpose
-
The purpose of a living will is to provide legally binding instructions to health-care professionals regarding your wishes in the event you are unable to provide the directions yourself -- for instance, if you are in a coma and the decision must be made whether or not to provide life-sustaining treatment. A living will generally allows you to direct that life-sustaining procedures be provided, withheld or withdrawn under certain conditions, such as a terminal illness or if you are in a vegetative state.
Capacity
-
You must have reached the age of majority or have been declared an adult (emancipated) by a court in order to make a living will. You must also be of sound mind when you sign the document. This is generally known as testamentary capacity.
-
Content
-
State law will dictate exactly what the living will must say, but in all events it must be clear that the maker of the living will executed the document voluntarily and her wishes are clearly stated. Most states require specific language to be used such as "withdrawal of life support" or "termination of hydration." Before attempting to construct a living will, the maker should always consult his state's law.
Signature
-
The maker of a living will must sign the document in the presence of two witnesses. In many states, the document must also be signed in front of a notary public. Some states also require that at least one of the witnesses be someone other than the spouse or a relative. Once signed, the maker of the living will must deliver it to her attending or treating physician.
-
