Having control of your life decisions is crucial, especially when you are at a high mortality risk and want to communicate your choices. Without it, you are at risk of receiving futile medical treatment, hefty bills, and law enforcement involvement. This often leads to unsure choices constantly increasing emotional turmoil, guilt, and resentment among family members.
One such example of why a living will is important is the real-life scenario of Terri Schiavo, who went into a coma without making a living will in advance, and when her family couldn’t come to one decision for 15 years due to a conflict of opinion, her case was picked up by the court. It was then determined by the court that Schiavo would not have wished to continue life-prolonging measures, which led to the verdict of removing her feeding tube.
To prevent such situations, individuals need to understand its importance, what is included in this will, and how you can create it. So, continue reading this blog to learn about these important aspects.
Why a Living Will is Important for Everyone?
A living will, also known as an advance directive, is a legal document that clearly specifies the level and type of medical care you do or do not want to receive when you cannot communicate your wishes. After knowing what is a living will let’s look at the following reasons why it is important:
Sets Clear Guidelines for Healthcare Providers
Medical professionals often face difficulties when a patient’s wishes are unclear. This is where a living will act as a savior and ensure doctors and nurses follow your expressed choices without any hesitation. It also offers legally binding clarity that prevents complications that may become legal issues.
Guarantees Respect for Your Medical Preferences
Knowing why you should have a living will is important as it allows you to state whether you want treatment like dialysis, a feeding tube, or mechanical ventilation. It also enables you to make choices regarding hospice services, palliative care, and pain management to ensure that you are comfortable during your difficult moments.
Reduces Emotional and Financial Stress on Loved Ones
Your loved one often struggles to agree on what they believe is best for you. A living will removes this burden and the possibility of family conflict by offering instructions that eliminate your loved ones from guilt and regret. Additionally, it also minimizes financial stress by ensuring only the care or treatment you desire is provided.
Prepare for Unpredictable Events
The main purpose of a living will is to prepare for unpredictable events, such as strokes, sudden accidents, or illnesses that can leave you incapacitated. It helps offer protection to all, regardless of age or health status.
What is Included in a Living Will?
Your living will must outline directives for your health care, including the life-sustaining procedures you may or may not want. Have a look at the following things to include in a living will:
Important Elements of a Living Will
- DNRs: A do not resuscitate (DNR) states whether or not you wish to receive cardiopulmonary resuscitation (CPR) if your heart stops or you stop breathing.
- Ventilator Use: It specifies whether you want to be placed on mechanical ventilation to help you with breathing or not. Here, you can also mention the condition or duration under which you will accept or refuse ventilator support.
- Artificial Nutrition and Hydration: Your living will help you outline your duration and preferences for artificial nutrition and hydration if you cannot eat or drink. Under this, you can state your choice to be fed through a tube or receive Intravenous fluids (IV).
- Life Support Procedures: This includes important decisions regarding whether you want to use advanced medical procedures like dialysis, extracorporeal membrane oxygenation (ECMO), or other treatments.
- Burial and/or Cremation: You can also mention instructions for your end-of-life arrangements, including burial, cremation, or other preferences.
- Palliative and/or Hospice Care: Specify your preferences for how and where you wish to receive care, i.e., at home, a hospice facility, or a hospital. Along with this, you can also communicate your desire for comfort-focused care to relieve pain in terminal conditions. Also, clearly specify whether you prefer to be hospitalized or cared for at home during severe illness.
- Surgeries You are/aren’t Willing to Undergo: Through a living will, you can also mention any surgical procedure you want to refuse, such as organ transplant, amputation, or other.
- Naming a Healthcare Proxy/Medical Power of Attorney: Make a choice of appointing a trusted individual to make the medical decisions when unconscious.
Conditions that Trigger Your Preferences
Define the situations in which you want your living will to take effect. These can be the following:
- Terminal Illness: It is a condition that cannot be cured and is likely to lead to death within a short period of time, so for this situation, you must specify whether you want to receive life-prolonging measures or not.
- Permanent Unconsciousness: This is a state where you show no signs of awareness or responsiveness for an extended period.
Additional Considerations
- Organ And Tissue Donation: A living will allow you to state if you want to donate your organs or tissues. If you do, then you can also specify the purpose for which you are willing to donate.
- Religious Considerations: If your religious beliefs impact your medical decisions, your living will must reflect your values.
How to Create a Living Will?
Choose a Method
Select the method of writing a living will i.e., you can take the help of an estate planning lawyer or create it on your own using a template. It is often recommended to consult with a lawyer to ensure that your state’s guidelines are followed.
Outline Your Medical Decisions
Once you have decided on the method, it’s time to choose the elements you would like to include. If you are taking the help of an estate planning lawyer, you must clearly communicate your wishes. Understanding what happens if you don’t have a living will also help in making your decisions.
Choose a Health Care Agent (Optional But Recommended)
You can also select a healthcare agent or proxy to make your medical decisions if you cannot take them yourself. Keep in mind that this person does not have to be your relative. You can choose anyone who understands your wishes, agrees to represent them, and can consult with the doctor on possible issues. Thus appointing this agent reduces confusion over your final wishes and makes it convenient to make healthcare decisions.
Sign and Witness the Document
Ensure your living will is dated, signed, and witnessed as per your state’s requirements, which may require notarization or having a certain number of witnesses. Once you have signed it, it’s valid until you cancel it. It is also recommended to keep the original copy somewhere safe, either in a physical location like your locked drawer or a digital one.
Review and Update as Needed
With time, your values and diagnosis can change, which can affect your wishes. This brings the need to review and update (if necessary) your will to reflect your current wishes.
Conclusion
Now that you know why a living will is important, you must not leave your future medical choices to anyone else. Start protecting your wishes and eliminating your family’s financial and emotional burden with professional assistance.
Contact Mazurek, Belden & Burke, P.C. (MBB) today to get hold of our will lawyers near you in San Antonio or New Braunfels.