attached living will

Introduction

Each of the fifty states have some law regarding the ability of patients to make decisions about their medical care before the need for treatment arises through the use of advance directives. The great majority of states allow for patients to draft living wills that set forth the type and duration of medical care that they wish to receive should they become unable to communicate those wishes on their own.

A living will, sometimes referred to as advance directives, is a legal document that you can create for yourself in the event that you are incapacitated or deceased. It is the binding document that frees your near and dear ones from having to face the uncertainties that are involved in legalities that occur after your death, potentially saving them days, months or even years of having to run around for their rightful inheritance.

It was created in response to the increasing ability of medical technology to prolong dying, frequently in a painful and undignified way. Often at the time life supports are needed patients are unable to communicate their wishes. A patient's autonomy and right to privacy may be violated in such circumstances when it is medical personnel or others, and not the patient, who make crucial decisions regarding life supports (Johnston, 2015). A living will is used to make a person’s wishes known about what type of medical care that person wants to received should he or she become terminally ill or permanently unconscious. This allows you to clarify all medical wishes and instructions upfront so that no misunderstandings occur when it is too late. It can allow a person to specify the circumstances in which he or she wants to receive life-sustaining treatments and any limitations on those treatments. It can even be used to specify the person’s funeral and burial instructions.

Template

I, [NAME], a resident of [CITY], [STATE], in [COUNTRY], with an address at [ADDRESS], being of sound mind, memory, disposition, understanding, and at least eighteen years of age, do willfully and freely, by this Living Will, direct my family, physician(s), attorney, and any other individuals who may in the future become responsible for my health and well-being and any decisions related thereto, whether partly or fully, to take the following actions in each of the circumstances described in this Living Will below.

1. In the event that I develop a condition deemed to be “terminal” and my attending physician and one other physician have both determined/agreed that there is no chance for recovery from this terminal condition, I request/direct the following:

a. Indicate either “Do not prolong my life using artificial life support” or “Use whatever life-prolonging procedures are available to prolong my life.”

b. Indicate either “Do not administer food or water artificially” or “Administer food and water artificially” or “Administer food and water artificially only to the extent necessary to provide comfort or alleviate pain, provided such administration does not have the added effect of prolonging my life artificially.”

c. Indicate either “Administer necessary care in order to provide comfort and alleviate pain” or “Do not administer any care intended to provide comfort or alleviate pain” or “Administer necessary care in order to provide comfort and alleviate pain to the extent that such care does not also have the effect of prolonging my life artificially.”

2. In the event that I fall into a coma and my attending physician and one other physician have both determined/agreed that there is no chance for recovery from this condition, I request/direct the following:

a. Indicate either “Do not prolong my life using artificial life support” or “Use whatever life-prolonging procedures are available to prolong my life.”

b. Indicate either “Do not administer food or water artificially” or “Administer food and water artificially” or “Administer food and water artificially only to the extent necessary to provide comfort or alleviate pain, provided such administration does not have the added effect of prolonging my life artificially.”

c. Indicate either “Administer necessary care in order to provide comfort and alleviate pain” or “Do not administer any care intended to provide comfort or alleviate pain” or “Administer necessary care in order to provide comfort and alleviate pain to the extent that such care does not also have the effect of prolonging my life artificially.”

3. In the event that I am in a persistent vegetative state and my attending physician and one other physician have both determined/agreed that there is no chance for recovery from this condition, I request/direct the following:

a. Indicate either “Do not prolong my life using artificial life support” or “Use whatever life-prolonging procedures are available to prolong my life.”

b. Indicate either “Do not administer food or water artificially” or “Administer food and water artificially” or “Administer food and water artificially only to the extent necessary to provide comfort or alleviate pain, provided such administration does not have the added effect of prolonging my life artificially.”

c. Indicate either “Administer necessary care in order to provide comfort and alleviate pain” or “Do not administer any care intended to provide comfort or alleviate pain” or “Administer necessary care in order to provide comfort and alleviate pain to the extent that such care does not also have the effect of prolonging my life artificially.”

By my signature below, in front of the witnesses identified below, I hereby execute and subscribe to the declarations made in this Living Will both freely and voluntarily, and wholeheartedly request that my family, physician(s), attorney, and any other individuals who may in the future become responsible for my health and well-being and any decisions related thereto, whether partly or fully, all abide by my wishes as stated herein.

_________________________________    ______________

[NAME]                                                              DATE

This Living Will was signed by [NAME] in the presence of the following individuals, who by their signatures below, confirm that [NAME] was, at the time this document was signed, at least eighteen years of age, of sound mind, memory, disposition, understanding, and able to understand the weight of this health care decision, and not under any improper influence. The undersigned witnesses have subscribed this document in [NAME]’s presence and in each other’s presence at [NAME]’s request.

[WITNESS NAME]

[ADDRESS]_________________________________    ______________DATE

[WITNESS NAME]

[ADDRESS]_________________________________    ______________DATE

Purpose of a Will

Advanced medical directives are legal mechanisms to assure that patients' wishes, with respect, to several medical procedures are carried out in their final days or when they are incapacitated. The documents reflect patients' rights of consent and medical choice under conditions whereby patients can no longer choose for themselves what medical interventions they wish to undergo. A living will extends the principle of consent, whereby patients must agree to any medical intervention before doctors can proceed. It allows the patient to guide health care for the future when she may be too ill to make decisions concerning care. It can be revoked by the patient at any time. For many, the living will preserve’s personal control and eases the decision-making burden of a family.

REFERENCE

Johnston SC; et al. (2015). "The discussion about advance directives: patient and physician opinions regarding when and how it should be conducted". Archives of Internal Medicine. 155 (10): 1025–1030.

Advanced Healthcare Law and Ethics

Deliverable 5

Living Will

Keri King

7/15/19