Living Wills
Living wills are documents that contain the wishes and desires of people
regarding their medical treatment in the event of their being unable to correspond
with their doctors and relatives due to incapacitation. Also known as advance
health care directives, living wills are legal instruments that have been signed by
witnesses and notarized. A living will is enforced when the medical experts are
absolutely certain that there are no possibilities for the renewal or revitalization of
a person's health and that death is sure to occur sooner or later.
Each patient may have his or her own criteria for deciding whether or not to
continue medical treatment in a situation where recovery from a serious illness
has been ruled out by medical experts. Some may believe in the continuance of
life as an important prerogative, even if they do not expect a change for the better
in their health condition. The decision to carry on with life supporting measures
or making the choice to remove them is usually mentioned as directives in a living
will.
It is advisable that people should have a living will, regardless of their age. To
understand the implications of the medical conditions and terminology, a doctor
should be consulted and a second opinion sought, if necessary. A living will
leaves considerable room for revaluation and reassessment, in case a person
changes his mind. It can be revised, reviewed and also be withdrawn any time.
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Living wills do not require any mandatory legal forms to be filled; however, in order to cement your position, a living will can be supplemented
with a traditional will and a health care power of attorney. A health care power of attorney is a legal document that appoints a person of your
choice as your authorized agent, usually referred to as a health-care proxy, who can make medical decisions for you when you are not able to.
A living will can also be accompanied by records and accounts of medical history, for the doctor to be able to get a fair idea of the patient's
background.
Before creating a living will, certain formalities need to be fulfilled. The minimum age for drawing a living will is 18. For the will to be legitimate, it
needs the signature of at least two witnesses (who have to be above 18 years of age). Your doctor cannot serve as a witness and nor can
anyone working for him. In some states, only one of the witnesses can be related to the patient (by blood or by virtue of adoption or marriage)
and in some states none of the relatives is allowed to act as a witness. Some states require three witnesses in order to lend further credence to
the document. It is advisable that people entitled to receive a share of the patient's estate or other finances do not act as witnesses.
A living will needs to be attested and verified by a notary. A copy has to be made available to the hospital and copies should also be issued to
the family members.
Drafting a living will does not necessarily require the services of a lawyer; however, it would do no harm to consult one.
