...Do you need a living will?...Here are some things to consider...
Walter and Mary have been married for many years. Suddenly Walter is diagnosed with terminal cancer. He slips into a coma within a short time. He is hooked to a ventilator and fed with tubes.
Mary has several talks with the doctor and her pastor. She asks that the ventilator be removed. Walter dies within a week. In the years to come Mary has many second thoughts about her actions. She had never discussed the subject of dying with Walter. She wonders whether he really would have wanted to be unhooked from the ventilator.
Have you given proper instructions as to how you wish to die? If you have not, other may make the decision for you. You may not be given the chance to live that you want... or, you may be kept alive by artificial means of which you do not approve.
There are legal documents which can help prevent such events. One is called the living will. Another is called a durable power of attorney (DPOA) for health care. Neither of these is the same as a will. A will has to do with what happens to your property after you die. These documents have to do with your health care while you are alive.
A living will tells others how to treat you when you are terminally ill and/or permantly unconscious. You should prepare it with careful thought. We recommend professional advice (e.g., medical, legal, spiritual) in preparing the document.
For example, do you want life support withheld if you are "permanently unconscious"? People who appear permanently unconscious may have good vital signs, and sometimes do recover.
There are three types of living wills:
One that simply gives your doctor instructions regarding your treatment
One that gives a trusted person (your "proxy") power to make all decisions regarding your health care,without directions
One that appoints a trusted person as proxy, and also give your proxy directions regarding the health careyou want.
The use of a proxy with directions is often the best choice.
Standard living will forms are broadly worded (e.g. "No life-sustaining treatment if I am terminally ill or permanently unconscious."). This can lead to confusion. We recommend that your living will be more specific.
For example, consider specifying the procedures which you would, or would not, want:
Antibiotics (to ward off infection)
Tube and intravenous feeding and fluids
Heart-lung resuscitation
Mechanical respirator
Major surgery
Pain-killing medications
Chemotherapy
Other
You can also specify what is meant by "permanently unconscious"(e.g. in the opinion of two physicians, unconscious after three months, etc.)
A living will only applies when you are terminally ill or permanently unconscious. Under Arkansas law "terminally ill" means that you are expected to die within a short time.
Therefore, in many cases a living will would not be valid. for example, suppose you had Alzheimer's disease. You would not be terminally ill, or permanently unconscious. The same would be true in other situations. For example, suppose you were under anesthesia, or on heavy medication, or temporarily unconscious.
You may want a trusted person to make medical care choices for you at such times. This can be done using a durable power of attorney for health care.
Many of the guidelines for desiging a living will apply to a durable power of attorney for health care (careful thought, specific directions,etc.).
If you live in Arkansas, our office would like to assist you in preparing health care or other estate planning documents. For an appointment, please call 479-968- 4747 (Russellville area) or 888-295-4741 (Arkansas state-wide toll-free).
Copyright (c) 2011, Jim Carfagno, Jr., P.A. All rights reserved