~ Living Wills

All About New Jersey Living Wills

The policies on New Jersey living wills may bear some resemblance with that of other states in the United States. But for purposes of specificity and just to make sure that things are carried out according to state procedure, it would be best to familiarize yourself with New Jersey laws on the subject of advance directives.

The Basics

The legal term for living wills is Advanced Directive. The Health Care Act of New Jersey had codified this document almost fifteen years ago.

In the state of New Jersey, a living will is deemed as a simple document that needed to be in writing, dated and signed in the presence of two sworn witnesses whose main role is to verify the competence and coherence of the creator and to make sure that no undue influence was present at the time.

Then again, it may simply be acknowledged, signed and dated in the presence of an attorney, a Notary Public, or a person authorized to oversee oaths in New Jersey.

The living will normally takes effect when it is conveyed to the attending doctor who has ascertained the patient's lack of capacity to decide for his or her own medical treatment.

After the document is drawn up, a coherent patient may choose to revoke the directive either by written or verbal notification of the cancellation to the "health care surrogate", attending physician, and other members of the health care team. Just by saying so, the patient has the right and power to change his or her mind any time and for no apparent reason.

How A Living Will Works

In agreement with the conditions of an Advanced Directive, life-support measures may be withdrawn or withheld if the patient: is permanently comatose or in a terminal state, as diagnosed by an attending physician and verified by another qualified doctor; or has a grave and irreversible disease, of which the likely associated risks of the treatment to be withdrawn/withheld may be rationally estimated to prevail over the probable benefits.

With regard to the medical intervention, a person may refuse to receive any if the treatment: is experimental and not yet proven to be effective; is likely to delay an imminent death; or is likely to be unsuccessful in extending life. In addition, the attending physician is permitted by law to give out a "Do-Not-Resuscitate" (DNR) order in conjunction with a patient's living will.

The law also compels the doctor to make confirmatory inquiry with regard to the existence of a living will. In other words, he or she is required to initiate the query and to make a note of it in the patient's medical records. Health care institutions such as hospitals, nursing homes and hospices are also commanded by law to adopt certain policies regarding the application of advance directives. It is also their responsibility to provide suitable informational materials about the subject.

The New Jersey law expressly declares that living wills should not be construed to impair the responsibilities of health care providers to provide for the comfort and care of the patient and to relieve pain or suffering, in line with the time-honored nursing and medical standards.

New Jersey living wills are therefore valuable tools in ensuring that a person actually gets his wishes granted – with regard to medical treatment.

Also, such legal documents saves the immediate families and health care institution from the burden of deciding for incapacitated patients.


Differentiating A Living Will And A Living Trust

The two terms living will and living trust may seem a bit vague. Oftentimes, people may even use them interchangeably. However, you have to understand that a living will is certainly different from a living trust. Although both may share a number of similar characteristics, you have to know their exact definitions for you to be able to fully utilize them to your advantage.

Living Will

It is a legal document that states your wishes regarding health care decisions in the event of an unfortunate occurrence such as a terminal illness or a permanent vegetative state. This form of advanced directive will only take effect once you have shown evidence of incapacity to participate in the decision-making process with regard to your medical treatment.

Basically, the policies that govern the making and application of living wills are based on state laws concerning the matter. The statutes may hold differing views from one state to another. So be sure to follow state-specific procedures to avoid conflicts since this is, after all, a lawful document.

Other states may not have particular laws pertaining to living wills. Then again, you may take advantage of the option to appoint a health care surrogate in case you become too ill to participate in making health care decisions for yourself. As the name implies, your surrogate will act and decide on your behalf under the mentioned circumstances.

Living Trust

In essence, a living trust is a written lawful document that partly takes the place of a will. It allows you to place all your assets (i.e. residential properties, bank accounts, or stock shares) in a trust to be administered to your advantage for as long as you live. In the unfortunate event of your death, all your properties will be transferred under the names of your beneficiaries.

Most people opt to appoint themselves as the trustee in command of supervising all the assets of the trust. In this fashion, you can still be in control of your properties even though they've already been put into a trust. On the other hand, you may also assign a successor trustee – either an institution or a person – to administer the trust's assets in case you become unwilling or incapable of performing your duties.

So basically a living trust guarantees that your assets will be handled according to your preferences – that is if you become incapable of managing them yourself. In setting one up, you may initially want to serve as its trustee. However, it would be best if you also select a successor trustee while you're still of sound mind to make the decision.

The trustee may take over the management of all your assets under the mentioned circumstances. And in case you pass away, the successor trustee you have appointed will act similarly to an executor of a will.

The usual functions will include gathering your assets; paying any remaining debts, taxes and claims; and distributing your properties according to your orders. Then again, unlike a will, all of these tasks may be carried out without court approval or supervision.

In comparison to a living will, a living trust is not normally considered a top priority and not everyone would benefit a great deal from it. For instance, a young couple without kids and noteworthy assets do not require the creation of a living trust. People with uncomplicated estate plans may not gain much from it too.

On the other hand, wealthy individuals who prefer court supervision for the management of their estate should steer clear from living trusts.

So you see, a living will and a living trust definitely differ in a lot of ways. The first is usually appropriate for almost anyone, while the latter is typically viewed in a case-to-case basis.

Exploring The Contents Of Living Wills

Although a lot of people have heard and known about what a living will is and what it is for, not everyone is really familiar with its scope. The saying "knowledge is power" is definitely applicable in such situation. So before you go ahead and draft one for yourself, be acquainted with the contents of living wills first. This way, you would be more knowledgeable about how they can be of assistance to you and your family when that difficult moment turns up.

The most significant aspect of creating a living will would probably be the part that involves deciding what you want to come about in case you fall into a terminal illness or coma. Although you alone can determine what is in fact best for you, with regard to medical treatment, this right can be easily stripped off of you in the face of incapacitation.

Some people would refuse to receive life-prolonging measures if the most wanted quality of life cannot be brought back. Others, however, would prefer the exact opposite. Whichever option a person would choose, let it be known that it is his or her right to come to a decision with regard to health care. Nevertheless, if the ability to communicate his or her preferences is taken away, then that is where the serious difficulty starts – the determination of whether to prolong life the life of a loved one or not.

The wide variety of disabilities leaves the contents of living wills more vulnerable to disputes between doctors, family members and patients. More often than not, people hold different points of view and expectations with regard to serious medical conditions. In addition, some types of permanent infirmities and chronic ailments are more manageable compared to others and should basically be viewed on a case-to-case basis.

A living will should contain the kind of circumstances a person would wish to endure. They should be in writing and should be defined in specific terms using the following criteria: type of illness or injury, severity, and prognosis (particularly pertaining to irreversibility or permanence).

On top of that, the narrative should be comprehensible and purely medical. Steer clear of statements like "I do not want to be in a persistently hopeless state" as they are more unclear compared to straightforwardly saying no to the application of a mechanical ventilator.

In general, it takes a considerable amount of time to precisely determine if a patient will remain in bad shape permanently or if a certain degree of recovery is probable. In a lot of cases, a definitive diagnosis is usually formed after weeks of close observation. A person's medical condition, however, may change without warning – either for the better or for the worse. That is why it is vital not to indicate time restrictions in your living will.

Instead, build your request or refusal for treatment on the possibility of recovery, the probability of enduring discomfort or pain, and the professional opinion of the attending physicians. Other causes of treatment refusal may include the lack of merit for the risk or pain, and the distressing state of treatments (i.e. hemodialysis sessions).

Although the contents of living wills are similar in most cases, the state laws may involve several additions or specifications in the forms. For this reason, it would also be an excellent idea to gain knowledge about state-specific policies.

Facing The Difficult Task Of Making Living Wills

Preparing living wills is not an idea that is readily welcomed by a lot of people. In fact, most folks would even dread facing this task. However, there is something that could somehow alleviate the unpleasantness in the whole situation.

It usually comes in the form of a living will kit, which can provide guidance and assistance in the drafting of a living will minus the distasteful feeling of admitting the possibility of becoming ill to the point of incapacity.

A living will, which is also called an "advance directive", is actually a legal document that declares a person's preferences regarding long-term medical care at the time when he or she is no longer capable of autonomous decision-making. Living wills also come in two varieties: general and statutory.

The general living will asserts a personal wish without being consistent with any accepted standard. In contrast, the statutory will is a lawful form that coincides with the requirements of a particular state law concerning living wills.

Because of the legal implications of making a living will, it is highly recommended to draw up one while you're still well and healthy. A lot of web sites on the Internet in fact offer information about this matter. You may even download free templates for living wills if you want to perform a run through. Just make sure that you seek for professional advice when you actually draft the final one.

The Basic Prerequisites

Since a living will is also considered a personal document, the contents may vary on a case-to-case basis. However, there are essential prerequisites that render it legal.

* Legal competence of the maker/owner of the living will should be established.

* The document should be signed by the maker/owner and two authenticate witnesses. In case the owner/maker is incapable to sign, he or she may ask a representative to do so. The witnesses should also be of legal age (18 years old and over). Also, the representative should not be any of the two observers.

* The date should be indicated and notarization must be done, if the state requires it.

* The directives contained in the living will should be consistent with the laws of a particular state. In general, they should relate to cases wherein the owner/maker has been diagnosed of a terminal disease, or has been comatose for a period that's long enough to be considered permanent and any medical intervention would only function to maintain or prolong the current vegetative state.

As much as possible, you should tell your family or closest friends about your living will. You may even assign somebody to act or make decisions on your behalf in case you become incapacitated.

In addition, copies of the living will should be given to the owner/maker's family members, the attending physician, the hospital/nursing home, and other persons involved in the medical care. A duplicate may also be submitted to a living will registry that will take care of the necessary distribution for a certain fee.

Living wills may also be changed or modified. In case you ever decide to make necessary changes, you should notify and furnish copies to all the recipients of your previous living will. Aside from that, all copies of the former document should be consequently destroyed.

The preparation of living wills is a naturally emotional matter. Even a calm and sensible person may find it difficult to fully concentrate on the task.

That is why it is important to get all the possible assistance – both professionally and emotionally – when drafting a legal document such as this one.

Knowing The Pros And Cons Of Living Wills

A living will, in essence, outlines the type of medical care you wish to include or exclude in the event that you become too ill to actually make an autonomous and informed decision. The directives may consist of your desire not to be given cardiopulmonary resuscitation in case of a cardiac or respiratory arrest.

You may even indicate your request not to receive tube feeding. Then again, it would be a good idea to be informed of the pros and cons of living wills prior to actually drafting one.

Pros Of Living Wills

Since living wills are considered to be legal documents, they need to be signed in the attendance of witnesses. Some states in the U.S. even require the presence of a Notary Public during the signing session. The very obvious importance of making a living will lies in the fact that this legally binding piece of document sheds light on what you – as the patient – want to happen in case something bad occurs and you become too unwell to the point of incapacity.

The phrasing in a living will, however, is meant to be rather vague so as to encompass a wide array of circumstances. In spite of this degree of ambiguity, you would be surprised to know how difficult the situation would be if you did not have one. Needless to say, the apparent beneficiary of this legal document is none other than you – the owner/maker.

In the nonexistence of a living will, some states necessitate the appointment of a patient advocate – someone who would essentially perform the decision-making in behalf of the patient. This individual, also known as the surrogate, may be a spouse, a family member, or a significant and trusted person.

The situation may be a bit different if you have previously drafted your own living will. The indecisiveness in the air during family visits may be assuaged due to the fact that you have already summarized your wishes concerning life support and other health care measures.

In addition, it is never too early to make a living will. For as long as you have reached a legal age and have established the mental capacity to draw out one, then you can go ahead and specify your wishes for the health care provider to follow. Always remember the inevitability and unpredictability of life. It is definitely better to be geared up than to endure the consequences.

Cons Of Living Wills

The cons of living wills involve a certain number of limitations and conflicts. For instance, the vague use of terms may often lead to differing interpretations. You may perceive the directive of "no heroic measures" to encompass artificial nutrition, while a doctor may not view the phrase in that same light.

In addition, living wills only become active when a person is diagnosed of a terminal illness, or when he or she has become incapacitated. Accordingly, physicians may dispute about whether or not a patient's condition falls under any of these valid categories.

Without the required diagnosis, the individual may continue to receive medical treatment that would have been in contrast to the directive if it were to take effect. That is why a lot of people opt to be more specific in the use of words for their living wills.

The pros and cons of living wills should always be taken into account when making one. Remember that you will only be able to improve the draft after you have considered the negative aspects of the situation, as well as the possible ambiguities in the document.

Living Will Forms And How They Work

Making an advance directive should be viewed as more than just filling out the correct living will forms. The amount of time you spend mulling over the type of care you want – or do not want – and talking about your wishes with your family and friends is definitely more important than merely writing check marks on appropriate boxes.

The written document is without a doubt an excellent way to remember and keep a note of your health care preferences. However, on no account can it substitute for the time spent in discussing those choices with your immediate family members and loved ones.

When you are mentally and emotionally ready to make a living will, keep in mind that every state has a different law – and at times, a unique form – with regard to this type of advance directive.

Although it is typically not obligatory to seek for the help of a lawyer when preparing such legal document, you may want to consider consulting one if you have any particular concerns about the matter. You may also confer with an attorney in case the various living will forms you have procured do not suit your needs.

The contents of the living will form is also as important as procuring the proper form. So give your health care decisions a considerable amount of thought before putting them on paper. Nonetheless, you can always change or add more specific instructions anytime you want to.

After the completion of a duly signed and dated living will form, think about enlisting it with the U.S. Living Will Registry. In this way, your medical treatment choices will be accessible to your family and your health care provider whenever and wherever considered necessary.

By nature, a living will form is filled out ahead of the precise time it will be needed by its creator. Preparing in advance, however, can lead to two possible problems: looking for a safe but accessible storage space for the document, and making certain that it still mirrors your wishes even if it has been stored for 15 years or so.

The possible problems indicate the necessity for a central storage area that can provide fast and easy access to living wills. Needless to say, it has to maintain both confidentiality and privacy.

Common Sources of Living Will Forms

The most obvious place to look for living will forms would be at your local hospital. The United States federal law commands all health care facilities to provide advance directives information to residents in their communities – including information regarding state-specific statutes. You may get hold of a living will form by getting in touch with the Social Service Department or Patient Representative of the hospital.

If you prefer to conduct your search online, then try visiting the web site of the American Bar Association. The site can provide you with much-needed information about living wills and a long list of excellent resources.

You may also go traditional by seeking advice from an attorney. Private legal firms that deal with advance directives can usually furnish you the proper living will forms.

Then again, doing so would require you to shell out some cash. If you don’t that at all, then this would be an excellent way to make a living will.

Living Wills: How To Plan For The Future

Illness, severe injury and death are delicate subjects that are not easy to talk about. The main thing though is that by preparing in advance you can make sure that you receive the kind – or extent – of medical treatment you want.

If you want to take full advantage of the benefits of living wills, you should at least have a serious talk with your family, your close friends and your doctor. The most excellent approach would be to discuss these matters in a reassuring and factual manner.

The important conversation should include your philosophy about health care and the things you would want done in certain situations. In case your wishes are faced with intense moral opposition from your immediate family and/or friends, you may consider selecting or appointing someone more in line with your point of view as your health care surrogate. In this way, you will be assured that your surrogate will make decisions that are in accordance with your beliefs.

On the other hand, if you want to speak to your family or friends with the proposition that they also create a living will, be sure to prepare a good explanation to back it all up. You should put in plain words the importance of planning ahead and how these documents could be of assistance in very bad situations.

Without living wills, families could be torn apart and wrecked emotionally while trying to reach a consensus about what would be best for their seriously ill loved one. If this possibility seems unbearable for you to picture out, then make your mind up about whether to create a living will or not. You can never tell what will happen to you a year from now, next month, or perhaps tomorrow. So you might as well be safe than sorry for not making the right choice as early as possible. 

Taking Care of the Paperwork

Since these documents are supposed to be legally binding, make sure that everything is put in writing. Every state has its own set of policies regarding this matter. The law in one state, concerning living wills, may not be consistent with that of another state.

You can get hold of the proper forms through your doctor or your health care provider. You can also visit various sites on the Internet to procure state-specific forms, complete with instructions on how you should properly fill them out. In addition, a variety of organizations – such as the National Hospital and Palliative Care Organization – also offers appropriate living will forms that are free of charge.

Then again, if you don’t mind shelling out some cash, you may seek advice from an attorney about this matter. This can be a wise move, especially if you have plans of transferring to another state – with a different set of rules concerning such legal documents.

Once you have completed the proper forms, hand copies of the living will to your immediate family members, friends, and family doctor. If you have appointed your own health care surrogate, don’t forget furnish him or her with a copy as well.

On no account should living wills be stashed in a safe deposit box. Doing so will only make it harder for your loved ones to get hold of the document when the need arises.

Living Wills: Putting Your Refusal Into Writing

The current medical advances have made it possible for health care providers to artificially prolong life. To some people, the notion of hooking their loved ones to a life support system may be not be agreeable especially if there is no definite chance of recovery from the debilitating condition.

However, a lot of folks strongly believe in the inviolability of life. And unless the patient himself or herself wills the termination of life-prolonging measures, no one has the right to pull the plug. Then again, the only way that this would happen is through the use of living wills.

You may not initially welcome the concept of living wills. But as you try to weigh the pros and cons, you will begin to realize that it is not a bad idea after all. A great deal of planning and preparation is your best option if you want your hospital care to turn out the way you want to – even if it involves pulling the plug for all forms of artificial life support. In addition, putting your wishes into writing is the right path to take in this particular situation.

Possible Reasons For Refusal of Treatment

There may be a million of different reasons why people would want to refuse medical treatment. Then again, most of these rationales may be placed under two broad categories. The first one basically involves the overall benefit of the medical intervention. If the advantage of a particular medication or procedure is not huge enough to substantiate the associated discomfort and risk, then the patient may decide not to receive such measures.

Even though most folks would be willing to undergo a number of risky and unpleasant treatments in order to live longer, this statistics should not be viewed as the basis for the medical care of all patients – particularly those that do not have living wills. Some people actually prefer a shorter and more comfortable life, especially if the quality is significantly compromised.

The second probable reason for the refusal of medical treatment would be the existence of intolerable circumstances. In spite of the simplicity and tolerability of a particular life-sustaining intervention – such as a nasogastric tube (NGT) feeding, some may say no to it in the presence of an irreversible condition like a persistent vegetative state.

When viewed in this light, the life-prolonging measures may be met with completely atypical decisions. The treatment would then be perceived to lengthen the period of suffering, for both the patient and immediate family.

Even though some decisions fall effortlessly under one of the two broad categories, others just would not fit below any. Based on the circumstances present, the term "medical treatment" may involve the use of ventilation tubes (inserted into the chest or neck), the administration of antibiotics or any drug with a high probability of success. Benefit/burden decision-making in these situations could bring about different choices.

If you want certain treatments to be withheld when you're no longer able to decide for yourself, you should specify them in your living will. Numerous health care declarations or living wills contain instructions intended for doctors to deny the provision of "life-sustaining treatments" or "extraordinary care".

These directives are often difficult to interpret correctly and are less likely to be followed than those that are more detailed.

Living Wills: Your Right, Your Choice

Every person has the right to self-determination especially on the subject of health care. This right encompasses the decision to refuse or accept a particular type of treatment, may it be as simple as an oral medication or as complicated as a surgical procedure.

An individual who is of sound mind and above 18 years of age is also entitled to plan and give directions concerning future medical care in the event of a serious infirmity or vegetative state. He or she may convey certain wishes through living wills.

A living will is a legal file that informs your immediate family and your doctors concerning your preferences about life-support measures. These specialized group of medical treatments could include artificial respirators and tube feeding – all of which aim to prolong life with no definite hope of reinstating quality. The high-tech machines and gadgets may target and support specific organs in the body such as the lungs, kidneys, or the heart.

Normally, the orders stated in a living will becomes effective as soon as two qualified doctors – one of whom should be the attending physician – both concur in writing that the patient is either in a permanent/irreversible vegetative condition or close to death. Needless to say, it should be established that he or she is definitely incapable of expressing health care decisions.

In case you have a change of heart after completing a previous living will, you may effect the desired alterations in the legal document at any time. You may even call the whole thing off if you feel compelled to do so. Then again, you must follow certain procedures for the cancellation of a living will. State laws, with regard to living wills and advance directives, typically regulate this lawful action.

A completed and duly signed living will should be kept in a safe location where you and your immediate family can easily get hold of it. Therefore, storing this legal document in a secured deposit box is never a good idea.

You should also inform your lawyer – if you have one, as well as your next of kin, about the existence and whereabouts of your living will. In addition, your attending physician and health care provider should be notified and instructed in making the document a part of your permanent hospital records.

Living Will Vs. Power of Attorney

A living will is activated only when death is imminent or when a patient falls in a persistent vegetative condition and has lost all faculties of communication. It only handles the application or removal of life-support measures.

On the other hand, a durable power of attorney works in a different way. It basically goes into effect when a patient becomes incapacitated to make autonomous health care determinations. However, he or she does not have to be in a vegetative state or in a near-death condition.

The power of attorney also allows a surrogate to speak in behalf of the patient and to make the necessary health care decisions. But unlike a living will, the determinations are not restricted to life-prolonging treatments. The type and extent of decisions a surrogate can make essentially depends on your preferences.

It is not compulsory to have both a power of attorney and a living will. However, if you do decide to have both, you should make sure that they don’t clash. On top of that, you should view living wills as a right and not as a privilege given only to special people.

Living Wills And How They Work

The concept of living wills may not be very clear to a number of people. Some may even equate it with the "last will and testament", which is a totally different type of legal document. In point of fact, a living will is more analogous to a "power of attorney".

Its primary purpose is to make it possible for you – the maker or owner – to formulate decisions in advance with regard to medical treatment or life support, and lawfully command the health care team to carry out your wishes in that regard.

Because of the presence of numerous advances in the field of medicine and health care, doctors are now capable of sustaining life – even if it means being in a permanently vegetative condition. This is one of the reasons why living wills have become such a necessity.

Not all people actually like the idea of remaining in an almost lifeless state for an indefinite period of time. More often than not, the notion of extending life even when death is just round the corner seems excruciating for both the family and the patient. It's like one way of prolonging the suffering.

A living will makes it possible for you to decide whether life-sustaining measures and medical treatment should be continued or withheld. The directive may also include the refusal to take artificial feeding. Aside from that, you may even express other specific wishes before you become incapacitated to make decisions for your health care.

In order for the living will to be legally binding, the appropriate form must be utilized and it must be accomplished in conformity with the state laws on the subject of living wills. A number of states require the presence and signatures of two valid witnesses, the attendance of a Notary Public, or both.

In case the living will form necessitates the appointment of a patient advocate, he or she must not be any of the two witnesses. Your advocate should carry the burden of deciding for your health care and medical treatment in the unfortunate event of your incapacity to make the decision for yourself.

This person is also known as a health care representative. He or she may be a spouse, a daughter or son, a family member, a friend, or any significant person that you absolutely trust.

In essence, a living will becomes effective when the creator is no longer capable of making decisions with regard to medical treatment. It may be in the face of a terminal illness, permanent unconsciousness or coma, inability to communicate, mental incapacity, or vegetative condition.

In the event of any of these situations, the health care provider – a hospital, a hospice, or a nursing home – must be provided with a copy of the advance directive. The instructions contained within the legal document will serve as the basis for the continuation or withdrawal of medical treatment and other life-sustaining procedures.

The health care team, specifically the attending physicians, is legally bound to follow the directives indicated on a living will. However, although it is considered a legal document, the maker may revoke or change the contents of the will provided that it is carried out prior to becoming debilitated.

On top of that, the proper procedures for the revocation of living wills should be followed to make the act official.

Living Wills And Power Of Attorney

A coherent patient basically has the right to make an autonomous decision regarding health care. He or she may decide to refuse or accept any form of medical treatment in the event of an illness or trauma. However, when coherence is absent, the duty is typically passed on to the patient's immediate family or the health care provider. This is when the concepts of living wills and power of attorney become significant.

For as long as you're competent and rational, only you can decide what medical intervention to accept. Needless to say, you also have the right to decline treatment based on your personal beliefs and preferences. The usual scenario would include a thorough explanation from your attending physicians as regards to the advantages and disadvantages of a particular medication or procedure. Yet, regardless of your reasons, the health care provider is obligated to grant your refusal to receive medical care.

On the other hand, if you become incapacitated due to a permanent disability or a terminal illness, you may lose the right and ability to decide for your own medical treatment. In this case, the important determinations will have to be made on your behalf. And if you haven’t formulated any instructions, no one will truly know what you would have wanted to happen.

Consequently, the health care team and your immediate family will have to work with professional judgment and presumptions about your condition. So before it's too late, learn about living wills and power of attorney and how they can make the situation a lot easier for and your family.

Living Will

A living will is a legally binding document that allows you to express your wishes in writing with regard to medical treatment. It normally contains instructions as to how you want to be taken care of in the event of a debilitating illness or a permanent vegetative condition.

More often than not, two witnesses are required to observe the signing of this legal document. A number of states even necessitate the presence of a Notary Public. Apart from that, the living will should be consistent with the laws of the state on the subject of advance directives.

Since it is a legal document, the health care provider and your immediate family would be compelled to put your wishes into action. On top of that, a living will would certainly guarantee that your decisions about your medical treatment would be respected no matter what happens.

Power of Attorney

A power of attorney used in health care enables you – the creator – to name an advocate in the event of your illness or incapacity. This person would serve as your proxy in the decision-making pertaining to your medical care. Of course, your advocate should have full knowledge of what you intend or desire to happen in case you become too debilitated to actually speak or decide for yourself.

Certain qualifications and conditions must be fulfilled before a person can be named as your advocate. For instance, he or she must be of legal age – eighteen years old and above – and must only have your best interest in mind. You may pick your spouse, son, daughter, sibling, a friend, or any trusted person to act as your health care representative.

In case you want your advocate to be able to decline any medical treatment and permit you to pass away peacefully, you must specifically say so in writing.

Although the drafting of a power of attorney is not necessarily required, you have to remember that the legal authority of your representative will only take effect after you have duly signed the said document.

So choose between living wills and power of attorney, and try to determine which of the two would work best for you.

Living Wills And The Extent Of Your Options

Issues that surround terminal illness, incapacitation and death are not easy to talk about. But it would be a lot easier for the immediate family if their loved one had drawn up a living will before being confronted with a traumatic accident or a serious illness.

Without it, a person's preferences with regard to the extent of life support measures (i.e. artificial ventilation, tube feeding, medications and other high-tech machines) would not be heard and carried out. Living wills, therefore, are essential tools that are applicable for all eligible individuals.

In determining your health care wishes, you should always take your values into account. These considerations should include your thoughts about the importance of self-sufficiency and independence, and where to draw the line when the quality of life is compromised. Also, you need to decide if your advanced directives would prohibit life-sustaining and/or life-saving measures.

Before drafting your own living will, be acquainted with the different treatments that are within its scope. In this way, you will be able to specify which of these measures you wish to receive or refuse in the event of incapacitation. Also, it would be a good idea to speak with your physician about this matter and be advised on other pertinent issues and terminologies.

The Different Treatments

1) Resuscitation

This procedure aims to restart a heart that has stopped beating. Decide on when and if you wish to be resuscitated via CPR (cardiopulmonary resuscitation) or by a medical device that dispenses an electrical shock to revive the heart. The stage of a disease or the extent of injury matters in this situation.

Therefore, try to be as specific as possible. You may fill out medical forms called DNR (do-not-resuscitate) orders to signify your desire to refuse such life-saving measure. These forms are usually attached to the medical record to forewarn the health care team.

2) Mechanical Ventilation
   
This life-sustaining measure involves the use of a machine that takes over a person's ventilation in the event that he or she is incapable of spontaneous breathing. Reflect about when, if and for how long you would like to be attached to a mechanical ventilator.

You should also take your prognosis and condition into account, and whether or not it would matter to you if the doctors have high hopes about your recovery.

3) Hydration and Nutritional Assistance

These life-prolonging measures provide the body with much needed fluids and nutrients intravenously or through a nasogastric tube (NGT). Come to a decision about when, if and for how long you would like to receive sustenance in this manner.

4) Dialysis

In case of renal failure, this medical procedure gets rid of toxic wastes from your blood and controls fluid levels in your body. Decide on when, if and for how long you would like to accept this treatment.

5) End-of-life Care

Examples of treatment that fall under this category include the administration of painkillers, antibiotics, and mechanical ventilation. You should also determine whether you would like to receive these palliative measures even when death is imminent.

In general, these medical interventions can provide help in temporary situations wherein recovery is possible. However, in end-of-life stages, such measures could only add further discomfort and prolong the dying process.

A lot of conditions may fall someplace in between, where the odds of recuperation is unknown. These circumstances are often difficult to deal with. When living wills are present, however, these problematical situations are made a lot easier.

Living Wills And The Terry Schiavo Case

The story about Terry Schiavo and the court battles that her family and husband had to endure spread all over the country. Its exposure on the news had opened people's minds about living wills and how these documents could save them from a great deal of suffering and difficulties. On top of that, it changed the perceptions of Americans about death in general.

If the patient – Terry Schiavo – had drawn up a living will prior to her ill-fated collapse that led to severe brain damage, the expensive and highly publicized court hearings would have been avoided.

The painful question of whether to continue the provision of life-sustaining measures, in the form of tube feeding, should have been immediately answered by none other than Terry herself.

When a judge reached a decision to remove the feeding tube, the patient's husband – Michael Schiavo – made it a point to publicly endorse the importance of making a living will. This written, legally binding document would have saved him and his wife's family from all the trouble and painful struggles of deciding for the patient – based on their individual points of view about the situation.

After the case had closed, numerous Americans began to accept the harsh and inevitable reality of illness to the point of powerlessness – and consequently death. For this reason, more and more eligible folks had decided to draw up their own living wills and put their health care preferences down on paper. Basically, people had become more informed with regard to the issue and what they can do to avoid falling into the same difficult spot.

What is a living all about?

If you're still not well-versed about how living wills work, then you better expand your knowledge about these legal documents as early as possible.

In essence, it is a form of advanced directive that is written down on paper for the health care team to follow once the creator becomes too sick or incapacitated to communicate his or her decisions about treatment. In this way, the attending physicians and the immediate family would know whether the patient would like to receive "heroic measures" or to discontinue all types of life-support measures completely.

A living will may be viewed as a legal expression of your desires with regard to medical treatment. You may also appoint someone to be in-charge of deciding on your behalf in case the need arises. That person is usually called a "health care surrogate" or a "patient advocate".

When talking about living wills, the question of timing usually comes up. People normally want to know when it would be best to make a living will. The answer is pretty simple. Since state laws govern the making of living wills, the policies in one state may differ in another. Nevertheless, the standard rules involve the following qualifications: legal age and sound mind.

In most states in the U.S., the legal age is 18 years old and above. Then again, some states have set the benchmark a year older – at 19 years old, so be sure to determine these technicalities before deciding to write your own living will. Aside from the age, certain measures must be done as well.

In order for the living wills to be valid, the appropriate form must be filled out and the procedure must conform to the laws of the particular state you live in.

Some states necessitate the attendance of two qualified witnesses during the signing of the living will. The law may also require the presence of a Notary Public, together with the two onlookers.

Living Wills For Health Care

The possibility of becoming terminally ill or debilitated is not something that is easy to ingest. A lot of people simply choose to brush it off as an improbable event. However, this risk shouldn’t be considered as a matter that is worth ignoring.

You should be prepared in such circumstances as early as possible. One of the valuable ways you could do that is through living wills for health care.

Living wills are legal documents that contain a person's specific wishes with regard to health care. These legally binding papers take effect in the event of severe illness and incapacity to convey preferences and make decisions about medical treatment and other life-sustaining measures. 

The Triggering Circumstances

There are basically two broad situations in which advance directives in a living will may be valid: terminal illness, and permanent disability.

1) Terminal Illness

A terminal illness is a condition wherein death is anticipated within a fairly short span of time. More often than not, people dislike the idea of medical treatment for the sole purpose of sustaining life without restoring its quality.

While some families would deem this as acceptable, others simply consider it as prolonging the pain and suffering. Most living wills for health care deal with this kind of situation. Also, a lot of doctors would unhesitatingly respect the desires conveyed in the living will with regard to terminal care.

If you happen to be the type of person who prefers a shorter yet more comfortable life in the face of a terminal illness, you can certainly demand for it in your living will. So in case you become incapacitated and unable to communicate, your attending physicians and your family will no longer assume what you would have wanted since you've already outlined it for them.

2) Permanent Disability

Regrettably, some living wills fall short in addressing another main concern – permanent disability. It is a lot more difficult to arrive at any consensus as regards to this condition for two primary reasons.

First, the attending physicians and the health team may attempt to put in their own sets of values to a patient's care. While they may have the same opinion about withholding measures to sustain life in the case of a terminal illness, they may strongly contest the same action in patients with permanent disability.

The second reason is the existence of a wide assortment of chronic impairments. Because of this, people usually argue as regards to what constitutes an unbearable condition.

For instance, some may be terrified of a stroke that could result in the inability to communicate, while others may be scared of impaired mental capacity or permanent dependence. Simply said, the circumstances that could activate the application of a living will to permanent disability may vary on a case-to-case basis.

Needless to say, you – as the creator the living will – must determine the triggering circumstances. These conditions should be defined as explicitly as possible with reference to three main factors: type, severity, and irreversibility or permanence.

Terms like "impaired communication" or "loss of dignity" should be avoided since they may have different interpretations to different people. 

Living wills for health care can indeed save the patient and his/her family a great deal of pain. They somehow offer answers that are often too difficult to decide on.

Aside from that, these legal documents provide a guarantee that the patient's wishes are implemented in the event of such painful and upsetting circumstances.

Massachusetts Living Wills 101

Living wills notifies others about the medical treatment you wish to receive or refuse if you become terminally ill or permanently comatose and incapable of communicating your decisions. Duly ratified state laws regulate all living wills in the United States – except New York, Michigan and Massachusetts living wills.

These statutes aim to safeguard a person's right to say no to medical interventions. In most states, these documents are legally binding and can assure that an attending physician who implements patient's wishes will be free from any liability.

What is a Living Will?

A living will is a written document that is legally binding and would take effect only when the creator becomes incapacitated to make autonomous and informed decisions about his or her medical care. If you decide to make one, you can specifically express your wishes with regard to what types of treatment you want to receive or decline.

A lot of people prefer to steer clear of life-sustaining interventions that only function in prolonging life without improving its quality. They can definitely make their objections clear by writing a living will. On the other hand, individuals who want to express their preference to receive all types of medical treatment – to sustain life and consequently delay death – may do so through this legal document.

The instructions – or advanced directives – contained in a living will are typically designed to take effect if you fall into any of the following circumstances:

1) terminal illness

2) persistent vegetative state (PVS) or permanent coma

3) conscious yet with permanent brain damage and will in no way recover the capacity to make autonomous decisions and/or convey your wishes

In the creation of a living will, the common law states that for as long as the person is competent to determine for himself/herself, he or she possesses the right of self-determination. It basically means that only the person can decide what type of treatment will be done unto him or her. Integrated into the right of self-determination is the right to accept/decline medical intervention.

Courts all over the country have maintained that the advance directives or living will drawn up by an able individual should be respected even when he or she is no longer considered competent. In 1990, the Supreme Court released a definition of what a "competent person" really is. According to the statement, he or she has the autonomy to refuse treatment under the constitution's due process clause.

Although it is common to see advanced directives that attempt to cover a wide range of situations, it is still a better idea to express your health care wishes specifically. You may even spell the words out in the document or plan a small discussion with your health care team about the matter.

The substantiation of both written and verbal proof aids in ensuring that your wishes will actually be carried out. Some examples of common interventions that you should deal with include artificial hydration and nutrition, cardiac resuscitation, mechanical ventilation, pain medications, antibiotics, etc.

Massachusetts living wills possess the same features as that of a standard living will. However, due to the lack of state laws that govern the creation of application of this legal document, certain features may be absent.

Then again, what matters the most is not the add-ons but the typical functions and benefits they offer.

Questions Worth Asking About Advance Directives And Living Wills

Stop wondering about what advance directives and living wills can do for you. Instead, seek out the answers for the very obvious questions that have been bugging you for so long now. And there's no better way to start this quest than with good old definitions.

What are Advance Directives and Living Wills?

An advance directive instructs your attending physician about the type of care/treatment you would like to receive if you ever become unable to formulate decisions for yourself. Hospital personnel may talk to you about this stuff.

Of course, you would certainly be approached with this kind of suggestion while you're still well and able; otherwise your eligibility of making an advance directive would be forfeited by incapacitation, mental illness or terminal disease.

An excellent advance directive specifically describes the type of medical treatment you wish to get depending on the gravity of your medical condition. For instance, the instructions may illustrate the kind and extent of care you want if you become diagnosed with an illness that is beyond any possibility of recovery. In addition, this document usually informs physicians of your objection against – or approval for –a certain types of treatment.

Advance directives may come in various forms. The laws that regulate them are different in every state. Therefore, you need to be conscious of the laws in the state you live in.

An advance directive, on the other hand, is a form of advance directive. This legally binding document describes the treatment or life-support measures you intend to receive in the untoward event of a terminal illness or irreversible coma.

A living will may or may not let you appoint another person to decide on your behalf. The presence of this option is normally based on state-specific laws.

Why are they important?

By making advance directives and living wills as early as possible, you are expressing you preferences with regard to medical treatment before you are faced with a severe injury or disease. Doing so will spare your family and friends the pressure of deciding what is really best for you. More often than not, the legal age qualified to make these documents is 18 years old.

Seriously ill people are more likely to draw up these legal documents in advance. For instance, a person with a terminal cancer may write her wish not to be hooked to a respirator in case of a respiratory arrest. This act can lessen the patient's suffering, promote his or her peace of mind, and increase control over his or her death.

Then again, even if you're still in an excellent health condition, you may want to think about making your own advance directive. Who knows for sure? You may encounter a terrible accident or unexpectedly collapse on your way to work. If you have thought of these possibilities and have decided to do the right thing, then you can rest assured that your wishes will be respected and implemented by your health care provider.

How to make them?

An advance directive and living will don’t necessarily have to be complex legal documents. They can simply be short statements concerning your health care preferences in case your ability to communicate is gone. Keep in mind that any request you write down should conform to the laws of your state.

You can write these documents in a number of ways. First is by using a form that supplied by your physician. You may also put your requests in writing all by yourself. Aside from that, you also have the option to ask for the appropriate form from the health care department of your state.

With the technology of the modern world, you may even get hold of free online living will forms. Some web sites also sell software packages for all types of legal documents.

Then again, if you want to do it the traditional way, then you can confer with a lawyer who handles advance directives and living wills.

Step One: Get Free Living Wills Online

Like anything else, making a living will should always start with step one. You can't expect to jump directly to the finish line without going through a number of necessary stages. So launch your Internet browser and look for free living wills online.

The advent of the World Wide Web had really made a lot of things more accessible. In fact, the availability of information about any topic under the sun is just so overwhelming. With regard to living wills, these forms have become easily downloadable from a variety of sources and web sites. On top of that, you may even get the living will forms for free.

Aside from getting hold of a living will form from the different hospitals in your locality, you can also visit their web site in the comfort of your own residence. You can easily get free living wills online, straight from the hospital's web site.

Simply print the form and have a look at it before making your final living will. It usually includes detailed questions on the subject of medical directives. Remember that every person is unique and entitled to formulate his or her own preferences with regard to health care and life support.

Every state has its own set of laws on the topic of living wills. Minor differences may be present yet the general rules and practice remain unchanged. Nevertheless, it is recommended to perform a comprehensive study of the apposite state laws prior to drafting your living will. Various web sites on the Internet actually provide a lot of information and state-specific details about the subject matter.

Parts of the Living Will

Living wills are typically comprised of two distinct parts. The first part indicates when it will be effective and could specify one or more conditions that would serve as the triggering factor. Once the specified condition has been established to be in existence, the living will's second portion will commence.

This section points out what medical treatments are to be given or withheld. A common stipulation is that measures to assuage pain and lessen suffering should on no account be denied to the patient. If you happen to hold the same sentiment, ensure that your living will includes this provision.

Ascertaining the Patient's Condition

The task of ascertaining the condition of the patient is placed in the hands of the doctors. The attending physicians, as well as a medical consultant, should individually examine the patient. The findings should then be documented in the medical chart prior to withholding or withdrawing various life-prolonging measures.

Procedure for Dispute

When an attending doctor's decision to withhold or remove life support measures is called into question, he or she is compelled to continue the provision of treatment. A judicial evaluation of the disputed decision should be sought within a period of seven days; otherwise, the physician may carry on with the medical directive as stated in the patient's living will.

Although life-prolonging measures may be withheld in the absence of a living will, drafting one will guarantee that these decisions are formulated based on the expressed desires of the patient, and not merely derived from the collective opinions of his or her immediate family.

To save your loved ones from the burden and pain of making difficult determinations for your medical care, start off with that first step of getting free living wills online.

Take Your Pick: Living Wills Or Living Trusts

Nobody can really tell what the future holds. Because of this fact, a lot of people have taken measures to make sure that things will turn out as smoothly as possible.

If you want to jump right onto the same bandwagon, then you better be equipped with the right knowledge prior to making that decision. Living wills or living trusts can provide you with that much-needed preparation but you certainly need to learn about these legal documents before you could actually take your pick.

Living Wills Vs. Living Trusts

If you want to know which legal document is more appropriate for you, you first need to find out the coverage of living wills or living trusts. Since they're both legally binding, every adult person should almost certainly know how each could be of assistance to them in the future. In order to properly pick your choice, you have to know their differences.

A living will is a legal document that discloses a person's wishes concerning health care. Its contents will only be effective once the maker falls into an incapacitated state wherein he or she is no longer capable of conveying his or her decisions.

The directives contained within it usually indicate one's desires not to receive treatment or be kept alive by means of artificial life support measures.

Once you're in an incapacitated condition, your family will have to make all the health care decisions for you. Aside from that, they will have to put up with the financial burden of your hospitalization. By restricting medical treatment, a living will could keep a tight rein on hospital expenses that could use up or even totally exhaust all your family's remaining funds.

On the other hand, a living trust – also known as inter vivos trust – is a legally binding document that is drawn up for the purpose of controlling ownership to a person's assets in his or her entire lifetime, and for allocating those properties after death.

The creator or the grantor may also appoint a trustee who will implement the terms indicated in the living trust in case he or she becomes incapacitated or unwilling to perform the duty.

In comparison to a will, the grantor does not necessarily have to pass away for the living trust to take effect. As the name implies, this legal document is effective during the creator's lifetime.

A living trust however is only recommended for people who own a considerable amount of assets and finances. In other words, the necessity to create one is largely dependent on your circumstances, financially speaking.

If still haven’t decided which type of legal to choose, you might as well pick both for as long as the two are applicable to your needs and circumstances.

The obvious similarity is in the financial aspect. Living wills make it possible for you to save your family from all the trouble of paying for enormous hospital bills, provided that your medical condition appears to be beyond any possibility of recovery. On the other hand, living trusts lay emphasis on the need to properly manage your assets according to your preferences.

On the whole, living wills or living trusts make it possible for you to put things in order while you still can. Also, both legal documents allow you to prepare for the inevitable and the unknown.

The Advantages Of Living Wills And Living Trusts

Planning for the future basically involves a number of benefits. For one, it prepares you and your family for the inevitable. Aside from that, it allows you to formulate your decisions level-headedly.

Then again, it is not unlikely for the task to become too emotionally charged at times, which makes it all the more fitting to get it done with a sound mind. But before you proceed with putting things in order ahead of time, it would certainly be a good idea to be familiar with the advantages of living wills and living trusts.

Living Wills

A living will contains instructions concerning your health care preferences in black and white. Your immediate family members, as well as your health care provider, will refer to these directives if you're incapable of making or expressing your decisions about medical treatment. Anyone who has reached the legal age of 18 – or 19, in certain states – may draw up his or her own living will, provided that he or she is also of sound mind.

The biggest advantage of making a living will is that it allows you to voice out your preferences on the subject of life support measures and other medical treatment options. Even though your family and friends may not hold the same philosophy about the matter, the creation of such a legal document gives you an opportunity to confer with them and explain your choices.

You also get the chance to justify how your morals and values influenced your decisions. This furnishes them with a better insight into what you would ultimately want to come about in such difficult situations.

Without a living will, your immediate family members could face the possibility of paying large hospital bills. Aside from that, your savings account could also be used up to the point of bankruptcy.

So, in a way, the creation of a living will makes it possible for you to safeguard your family from the additional burden of searching for financial resources to pay for your hospital confinement and medical treatment – provided that the chances of recovering from your condition are very slim.  

On top of the financial encumbrance, living wills also take away the likelihood of disagreements when trying to reach a consensus about your medical treatment. So instead of fighting against each other to determine what's best for you, your family can concentrate more on accepting the inevitability of death.

Living Trusts

A living trust is a legally binding arrangement that places all your assets in a trust. More often than not, the grantor or creator also serves as the trustee. Although, you may also appoint another person or institution to act as one in case you lose interest in the duty or become incapacitated to fulfill your obligations.

Speaking of its advantages, a living trust allows you to manage your properties for the purpose of generating profits for your beneficiaries. In addition, it makes it possible for you to conserve or look after your assets' growth.

Another obvious advantages of living trusts are the probability of reducing estate taxes and controlling the administration or use of the assets long after the grantor has departed from the world of the living. These legal documents also offer protection for the beneficiaries against creditors.

The advantages of living wills and living trusts are indeed numerous. So before its too late, safeguard yourself and your family from the harsh reality of the inevitable and from the fact that things could turn out real bad without proper planning.

The Basic Details About Kentucky Living Wills

A living will basically makes it possible for any person to put his or her health care decisions in writing even if the hospitalization has not occurred yet.

It essentially takes effect as soon as the creator has become too ill or incapacitated to make a rational choice about medical treatment. If you happen to live in the state of Kentucky, then you would definitely need to familiarize yourself with the laws that govern Kentucky living wills.

The Kentucky Living Will Directive Act of 1994 was ratified to make sure that the residents have the right to decide for their own health care, as well as to refuse or accept medications or medical procedures. This right to choose is applicable to treatments that attempt to prolong a person's life such as ventilators or feeding tubes.

If you live in the state of Kentucky, a living will can basically enable you to leave behind instructions in four crucial areas. You may choose to designate a health care surrogate (patient advocate), request or refuse life-support measures, request or refuse artificial hydration or feeding, and/or convey your wishes with regard to organ or tissue donation.

Any person who is 18 years old and above is fit and qualified to draw up his or her own living will. However, the effectiveness of this legally binding document is normally put on hold during pregnancy.

You don’t necessarily need to have a lawyer to draft a living will. As a matter of fact, the Kentucky Law specifies which form you have to fill out. The only time that you would actually need an attorney is when you have to make some changes to your previous living will.

The state law also forbids family members, heirs, guardians, or health care providers from acting as witnesses to the signing of the document. In lieu of eligible observers, you may request the presence of a Notary Public.

The Kentucky living will form is comprised of two sections. The first one is the Health Care Surrogate portion. This allows you to appoint at least one person to make the decisions on your behalf with regard to health care. Needless to say, this right will only take effect once you become incapacitated and unable to communicate your wishes regarding medical treatment and life-sustaining measures. Your advocate can be a spouse, a son or daughter, a member of your immediate family, a guardian, or a trusted friend.

When selecting a surrogate, keep in mind that the person you appoint will have the power and strength to make crucial decisions about your health care – even if others may push for a totally different direction.

So choose the most qualified person to be your surrogate. You may also want to consider picking out a back-up person in case your first option is not available. Just be sure to notify them in advance and make certain that they understand what's really important to you.

If you ever decide to draw up a living will, make sure that you have a serious talk about it with your family and your physician. The conversation and the support that you get are just as important as the document itself. Also, be sure to lay out your wishes in the living will as specifically as possible.

Every time you get hospitalized – or if you ever get admitted in a nursing home, you are expected to inform your health care provider about your living will, or the lack of it.

One copy of the legal document should be placed in your medical records so that your attending physician may readily refer to it in case something really bad happens to you. This guideline does not only apply to Kentucky living wills – other states may require it as well.

The Details Of California Living Will Forms

The California Probate Code Section 4701 regulates all types of advance health care directive in the state. If you have plans about making one for yourself, you may want to get to know what California living will forms are all about and what they normally contain.

Basically, a living will is a legal document that contains advance directives with regard to medical treatment. The form, once properly signed and filled out, becomes legally binding and takes effect in case of hospitalization – particularly if the patient falls into an awful and incapacitated condition.

For its contents to be acknowledged and implemented by a health care provider, the drafting of the living will should be consistent with the rules of the state regarding such documents.

In the state of California, you – as well as its entire populace – have the right to give out advance directive about your own medical care. In addition, you are entitled to appoint a particular person to act as your advocate or surrogate in making treatment decisions in case you fall into a persistent coma or terminal illness.

Several other rights are indicated in the state-specific form. So before you actually draw up your living will, try to be familiar with your options first – including the specific contents and parts of the appropriate health care directive form.

The "Part 1" of the living will form is the Power of Attorney. It allows you to assign another person – called a health care surrogate – to formulate health care determinations on your behalf in the event that you become incapable of participating in the decision-making process. Then again, your surrogate may also assume the responsibility in case you demonstrate or express unwillingness to decide for your own medical treatment.

Just to be sure, you may also appoint an alternate surrogate to take on the task of deciding on your behalf in case your original choice is not around or unwilling to perform his or her duties. Obviously, your health care surrogate must not be an employee/operator of the health care facility you are receiving care from – except if he or she is a co-worker or a relative.

Unless your living will explicitly restricts the power of your health care surrogate, he or she may formulate all types of medical treatment decisions for you. If you wish to impose such limitations in authority, you may do so by indicating that wish in writing. Then again, if you intend to be completely dependent on that person's ability to choose what is best for you, then placing restrictions would be pointless.

"Part 2" of the living will form permits you to provide detailed instructions pertaining to any facet of your medical care – with or without a health care surrogate. Options are typically supplied to you so that you can properly covey your desires concerning the withholding, withdrawal or provision of treatment to prolong your life. This also includes pain relief measures – or the lack thereof.

Appropriate space is also made available for you in case you want to write down additional instructions that are not presented in the choices. However, if you've already appointed a health care surrogate and is quite confident about his or her decision-making abilities, then completing this part of the living will form would not be necessary.

The third part of the form allows you to state your intent to donate your organs and/or tissues in the event of your death. "Part 4", on the other hand, lets you select and name the physician who will be primarily responsible for your health care and treatment.

After accomplishing the correct form, the date and your signature should be affixed at the end of the document. Aside from that, the law that regulates California living will forms essentially requires the presence of two eligible witnesses or a Notary Public during the signing. You also have the right to annul or alter the contents of the living will at any time.

Ohio Living Wills And Other Advance Directives

In general, an advance directive is a term referring to a person's written and verbal commands and wishes about future medical treatment. It usually takes effect when an individual becomes incapable of speech and rational decision-making. Every state regulates the use of such legally binding instructions in a different way.

Ohio living wills and other advance directives are also standardized under the policies and laws of the state concerning the drafting of the legal documents. Needless to say, these policies are only applicable to Ohio residents.

Aside from living wills, there are several other types of advance directives that are available in the state of Ohio. These legally binding documents include power of attorney for healthcare, organ and/or tissue donation, and the "do-not-resuscitate" (DNR) law.

Living wills and other advance directives give you a chance to express your wishes about medical treatment in case you become unconscious or too ill to speak for yourself. However, for as long as you're able and coherent enough to convey your decisions regarding health care, your advance directives will not take effect. Accordingly, you can refuse or accept any medication and/or procedure in the usual manner.

Both state and federal laws regulate the application of living wills and advance directives. The law of the federation, specifically the Patient Self-Determination Act, commands health care providers that accept Medicare and Medicaid funds to notify patients regarding their rights to carry out advance directives. All of the fifty states, including the District of Columbia, have laws that recognize the use of such legal documents.

Read on to better understand what living wills and other advance directives are all about.

Living Will

It is a form of advance directive in which a person puts his or her health care wishes in writing. The legally binding document will only take effect once the patient becomes incapacitated by a terminal illness or a persistent vegetative condition. However, the attending physicians must first formulate a reliable diagnosis before the contents of the living will could be lawfully implemented.

Power of Attorney

This advance directive allows a patient to appoint somebody to make health care decisions for him or her in the event of a debilitating illness or severe trauma. The power of attorney is different from a living will in the sense that it authorizes an advocate to decide for the patient in situations wherein the ability to communicate is absent.

Organ and/or Tissue Donation

This is a choice given to anyone who wants to donate his or her organ/tissues after passing away. By declaring this decision ahead of time, the dead person's wishes may be executed right away. This relieves the immediate family of the duty to decide for their loved one.

Do-Not-Resuscitate (DNR) Law

This advance directive provides a person with the option of refusing resuscitation in case of a respiratory or cardiac arrest. By signing up for this program, the patient will be given the choice to pass away devoid of any "heroic measures".

On the other hand, the health care institution will be furnished with lawful means to acknowledge those wishes. If you prefer to kick the bucket in this manner, then you must first register with a medical practitioner and have suitable forms of Do-Not-Resuscitate identification.

You actually have a lot of choices on the subject of health care decision-making. So don’t leave yourself in the dark when it comes to Ohio living wills and other advance directives.

The Limitations and Alternatives of Missouri Living Wills

A living will is a legal statement or declaration that a person can make signifying his or her desire to withhold or withdraw certain types of medical treatment under a number of circumstances. Missouri living wills also function in the same way.

Any competent resident of Missouri who is 18 years or older can draft a living will by affixing his or her signature and the exact date to the declaration. This must be done in the presence of two qualified witnesses. A witness must be at least 18 years of age and should not have nay relation to the creator of the living will. He or she should not be a beneficiary of or monetarily responsible for the health care of the creator.

The making of a living will or other forms of advance directives is highly recommended since it prepares a person for that grim possibility of incapacitation. Plus, it provides an excellent opportunity to formulate health care decisions with much thought and free of pressure.

The Limitations of Missouri Living Wills

While most folks have heard about living wills, not all are actually aware of the substantial limitations of the document as defined by the laws of Missouri. The terms "terminal condition" or "death-prolonging procedure" are utilized in the statute to indicate the circumstances to which the declaration applies.

The law defines these terms with reference to a condition wherein death is about to happen whether certain treatments are given or not. In other words, the patient is expected to pass away within a short period of time with or without resuscitation, mechanical ventilator, artificial nutrition/hydration, and/or surgical procedure.

By definition, a living will only steers clear of treatment when the prospect of death is unquestionable and the medications or procedures are ineffective in preventing or significantly postponing death. In addition, the statute forbids a living will from withdrawing or withholding artificial nutrition or hydration – which is nourishment supplied through an intravenous line or feeding tube.

The Alternatives to Missouri Living Wills

For people who want to express health care decisions that are beyond the bounds of Missouri statutes about living wills, there is a possible alternative. This option is also known as "advance directives." The legal declaration contains a patient's desire to withhold or withdraw certain medical treatments prior to suffering from a debilitating condition wherein the ability to communicate is not possible.

In the absence of an advance directive, once a person becomes debilitated, he or she could lose the right to self-determination. Missouri living wills are just a form advance directive, complete with its own benefits and limitations. Nevertheless, latest court cases have made it obvious that any competent person has the right to create other forms of advance directives that go beyond the restrictions of the living will law.

The alternative directives need to be convincing and clear, and may contain instructions with regard to the withdrawal or withholding of artificial nourishment or other life-sustaining measures that could keep the patient in a persistent vegetative state.

The contents of this written and legally binding document may be modified according to the creator's preferences and needs. For instance, it can specify that certain measures may be done for a sensible timetable and then terminated if the expected outcome is not observed.

Know that the creation of advance directives follow certain similar policies as that of Missouri living wills. The documents also need to be signed and dated in the presence of two qualified witnesses in order to make them legal.

The Ultimate Guide In Making A Louisiana Living Will

The Louisiana living will – also known as the Louisiana Declaration – makes it possible for you to assert your wishes about medical treatment in the ill-fated event that you become irreversibly comatose or terminally sick and can no longer participate in the making of your own health care decisions.

This legal document only becomes effective once the continual application of life support measures have been proven to merely put off an imminent death.

Of course, your attending physician and another doctor must first make a fitting diagnosis about your medical condition. On top of that, they must officially state in writing that your current health status is indeed beyond any possibility of recovery.

The declaration also lets you assign another person to act as your health care advocate. He or she will make the necessary decisions with regard to treatment in case your medical condition forbids you from deciding for your own care or expressing your wishes.

In Louisiana, the State Secretary is obliged to set up a Declaration registry where citizens may enlist the original and certified true copy of their living wills. Doctors and other pertinent members of the health care facility may, but is not expected to, ask for a verification of document authenticity from the registry of Louisiana living wills.

Things You Should Do After Filling Out The Forms

1) Store the original copy of your Louisiana living will in a secure yet accessible location. Steer clear of security boxes (i.e. safe deposit box) since gaining access to the document might become a problem in the future.

2) Make copies of the duly signed document and hand them over to your health care surrogate, immediate family members, close friends, and health care provider. More often than not, a copy of the living will is placed in the medical records so that members of the health team would know of its existence.

3) Be sure to speak with your health care surrogate, doctor(s), family and close friends about your preferences with regard to medical treatment. Talk about your health care wishes and the factors that helped shape them.

4) In case you want to change certain instructions in your living will, or perhaps you wish to add something, you have to fill out a new document for that.

5) Keep in mind that you have the right to revoke your Louisiana living will at any time.

6) Understand that the Louisiana Declaration will not take effect in emergency situations. The personnel of an ambulance are duty-bound to provide CPR (cardiopulmonary resuscitation), unless they are furnished with a separate order that indicates otherwise. This special order – also known as "non-hospital DNR order" – is intended for individuals whose ill health presents a very slim likelihood of benefiting from the life-saving procedure.

In addition, the order must hold the signature of the person's attending physician. An instruction to withhold CPR in the event of a cardiac or respiratory arrest is also contained in the order. At present, not all states have statutes that authorize "non-hospital DNR orders".

Certain conditions, however, must be satisfied in order for a Louisiana living will to be regarded as legally binding. For instance, with regard to age, you need to be at least 18 years old to be qualified to draw up your own living will.

Aside from that, you need to be of sound mind when making this legal document.


Advanced Directives And Living Wills In Nebraska

Like in any other state in the United States, advanced directives and living wills in Nebraska are regulated by state laws. In order for you to make one for your future health care, you must not be younger than 19 years old. If in case you are, then you must either be married or divorced. Needless to say, you also need to be of sound mind when drawing up a living will.

In essence, a living will is a written statement expressing the type of treatment you wish to accept or refuse in case you're diagnosed with a terminal condition or fall into a permanent vegetative state. For instance, the document may contain explicit instructions about your lack of interest in receiving tube feedings or other life-support measures.

On the contrary, it may also convey your wishes to get all the possible interventions necessary to keep you alive – even if it means artificially.

Nebraska doesn’t specifically have a law concerning Advanced Directives or Living Wills. Nevertheless, the state holds a statute on Health Care Power of Attorney. Under this ruling, a person may appoint an "attorney-in-fact" who may formulate health care decisions on his or her behalf should he or she become incapacitated or ineligible to make informed choices.

In addition, the edict enables the maker to express his or her desires with regard to treatment and compel the "attorney-in-fact" to obey these directions.

The naming of an "attorney-in-fact" should adhere to certain policies under the law of Nebraska. You will need at least two eligible witnesses or a Notary Public to observe the signing of the document.

Nebraska law also stipulates that the following persons are not qualified to act as witnesses in the making of a power of attorney: the maker's spouse, child, parent, sibling, potential heir, known beneficiary, attending doctor, or "attorney-in-fact"; or an employee of a health or life insurance provider. Not more than one representative from the health care facility should be present during the signing.

Even though there is no expressed stipulation in the law of Nebraska regarding the notarization of a living will, it is highly suggested that you do so to make sure that the health team would listen to the voice of the a patient in an emergency condition.

No one in the following list of persons may function as your "attorney-in-fact":

1) your attending physician;

2) an employee of your attending physician who is not related to you by marriage, blood, or adoption;

3) a person who is not related to you (by marriage, blood, or adoption) and who happens to be an operator/owner or employee of the health care institution you're admitted in;

4) a person who is not related to you (by marriage, blood, or adoption) and is, at the time of appointment, currently acting as an "attorney-in-fact" for ten individuals or more.

You may also choose to make and execute a living will in other states. It would then turn out as a combination of a living will and a declaration of a health care "attorney-in-fact". Just make sure that the directives written in each document do not clash with each other.

The advanced directives and living wills in Nebraska are indeed unique to their state. However, the purpose of these legal documents is universal.

They're all similar in the sense that they enable you to make those crucial decisions before its too late.