Living Wills – The Advance Directive
The thought of preparing legal documents can be daunting for anyone. Many of us fear facing our mortality rather than considering who will get grandma’s pearls. Prior to deciding the documents you may consider, it is important to understand what each document covers.
A Living Will is a written, legal document specifying the types of health care you wish to receive based on specified circumstances. These circumstances typically include having a terminal condition, entering a coma with no reasonable expectation of regaining consciousness, or entering a persistent vegetative state with no reasonable expectations of regaining significant cognitive function. Also included in the Living Will are the forms of life-sustaining procedures you wish to have provided, such as nourishment and hydration or nourishment but not hydration, or no nourishment and hydration.
Some Living Wills (depending upon the language and law in your state) will include a paragraph about specific legal rights should you no longer have the ability to give directions regarding specific health care. This paragraph contains language regarding the use of life-sustaining procedures and your intention that your family and physician(s) shall honor your Living Will.
A Durable Health Care Power of Attorney (the name may vary slightly in your state) is a written, legal document allowing you to designate a person (usually called your “Agent”) to make health care decisions on your behalf in the event you become disabled, incapacitated or incompetent. You may name co-Agents and successor Agents in the event your Agent dies, becomes disabled, incapacitated or incompetent, resigns, or refuses to act as your Agent.
An Advance Directive combines a Living Will and a Durable Health Care Power of Attorney. This document does not become effective until you become disabled, incapacitated or incompetent and are unable to make decisions regarding your health care. Having an Advance Directive can better equip you Agent in making appropriate decisions regarding your health care; the decisions you have previously made.
It is important to carefully consider your options and the people you will entrust to carry out your wishes in the event of a tragedy. For example, most Durable Power of Attorney for Health Care documents also includes specific, legal language regarding your designated Agent. By law, a court can remove the powers of your Agent if your Agent is not acting properly. Therefore, you should take an ample, comfortable amount of time to think about your Advance Directive.
Once you have made these important decisions, it is very important to verbally discuss your choices with the people you will name in your Advance Directive. Although your Advance Directive will clearly denote your wishes, it is helpful to make these wishes known to those you will entrust your health care. During this discussion, talk in depth with the person, or persons, you have elected as your Agent. You will want to be sure they are comfortable in carrying out your wishes should the need arise.
Executing an Advance Directive is a relatively simple process. You may contact a lawyer in your county of residence, or you may consider searching the Internet for free legal forms. Once you have completed your forms, you should keep your documents in a convenient location, known to your family and designated Agent. You may also file an Advance Directive with your local hospital. (Most hospitals require an Advance Directive prior to any surgical procedures.) You may also consider filing your Advance Directive with the U.S. Living Will Registry through one of their member health care providers or a designated community partner.
The preparation and filing of these documents is very important. Although the thought process may be difficult for some, a resulting piece of mind will make the process worthwhile.
