A Living Will, also known as an advance healthcare directive or advance medical directive, is a legal document that provides your family, doctors, and caregivers with information about what life-saving measures you wish to undergo should there come a time when you are unable to communicate your wishes.Guidelines of medications to give, and your wishes regarding life support are included in this.Do Not Resuscitate orders are one of the medical directives that work in concert with Living Wills.
Step 1: Know what the purpose is.
In the event of a terminal illness or serious accident, you should have a Living Will.Someone is named to serve as your agent.The person who makes decisions about your care is often a spouse or family member.
Step 2: Don't have a Living Will and learn the risks.
Without a Living Will, medical decisions can be made without consultation.Even if the person in control knows that the decision is against your wishes, this includes starting, maintaining, and ending life support systems.Without a Living Will, family members and loved ones may disagree about the right course of action in an emergency.It is easier for people to make life and death decisions if they have a Living Will.At an already stressed time, it reduces stress on loved ones.If your loved ones have guidance in writing, your wishes are more likely to be followed.
Step 3: Understand the limits.
A Living Will is not the same as a Last Will and Testament.The Living Will doesn't give instructions for the disposition of your property after you die.Living Wills don't cover every situation.You may need treatment that isn't contemplated in your Living Will.You will need an agent appointed by a Medical Power of Attorney to make medical decisions for you when you are no longer able to.
Step 4: A medical power of attorney can be created.
A Medical Power of Attorney should also be created with a Living Will.You can make medical decisions for yourself with this legal document.If you are in a terminal condition, a Living Will will not apply, but a Medical Power of Attorney will.In the Medical Power of Attorney, you appoint an agent who can refuse or withdraw consent for any type of medical care or procedure.There is more information on how to write a medical power of attorney.
Step 5: Physician orders for life sustaining treatment are created.
As you move from one health care setting to another, the POLST programs are designed to make sure that your medical treatment wishes are honored.They are available in many states.If the health care workers do not have access to your Living Will, or if it is not specific enough, POLST programs are helpful.There is a Do Not Resuscitate order.You can state that you don't want to be resuscitated.A POLST states your wishes with respect to intubation, antibiotic use, and feeding tubes.Doctors will sometimes ignore a Living Will.If one is available in your state, you should create a POLST.To make sure that your wishes are carried out, you will need a Living Will, a Medical Power of Attorney, and a POLST.If you are facing an imminent end-of-life situation, all is necessary.
Step 6: Talk to your doctor.
Before writing a Living Will, you need to speak with your doctor and understand what your choices would mean.You don't want to make the decisions lightly.If you want to make the best decisions for you, you need to ask your doctor to explain some of the terms used in a Living Will.Make sure you understand the difference between life support and resuscitation.A person is brought back to life after their heart stops.Life support is a system that will keep you alive if you can't do it on your own.
Step 7: Discuss your decisions with your family.
Discuss your wishes with your family and loved ones.This will give you an idea of how comfortable they would be carrying out your instructions.When making a Living Will, you want to make sure that your family doesn't interfere with your wishes.
Step 8: You should consult with a lawyer.
If you want to discuss the Living Will and other directives, you should talk to an experienced trusts and estates attorney.Any questions can be answered by an attorney.If your state has a bar association website, you can find an experienced trusts and estates attorney.Look for a certification.Estate Planning and Trust law is certified by many states.Ohio has a specialization in estate planning.To qualify, attorneys must prove that they have devoted a significant percentage of their practice to the field, receive recommendations from other attorneys or judges, take continuing legal education courses, and pass a written examination.Similar programs and standards can be found in other states.Someone may be certified in Elder Law.End-of-life issues are often handled by elder law attorneys.
Step 9: An agent should be appointed.
An agent is needed when you make a Living Will.The person who will carry out the Living Will is this person.Since your agent is not monitored, make sure that you don't have to choose someone who is opposed or uncomfortable with your choices.It's important that your agent follows your instructions and doesn't change based on personal feelings.People usually choose a spouse or adult child as their agent.If your spouse is likely to be overwhelmed by your medical crisis, you should consider who to appoint as your agent.In order to spare your spouse the pain of following your wishes, you may want to choose another relative.If you consider a child or sibling as an agent, this is also true.You don't want your loved one to be stressed out in the situation.Make sure that whoever you choose shares your religious and ethical values.You should tell the individual you choose as your agent.If she has to take on the responsibilities of the position, you don't want it to be a surprise.Whoever you choose has to be willing to enforce your Living Will.Provisions within a Living Will are often ignored by doctors and hospitals.Your agent will need to speak to medical professionals on your behalf.
Step 10: Define the authority of your agent.
You can specify in your Living Will how much authority you want your agent to have.The agent is more likely to be able to carry out your wishes in unforeseen circumstances if you give them broad authority.If your first choice of agent is unavailable, you can appoint alternate agents.If you fully trust him to carry out your wishes, you should appoint an alternate.
Step 11: Require individuals to be an agent.
It is possible to explicitly disqualify people from being your agent.If you are very concerned that someone will try to ignore your wishes due to a disagreement with your views, you may want to do this.You should consider any state restrictions on who can be your agent.Some people can't be your agent in a Living Will, such as your doctor, staff of health care facilities or nursing home facilities that provide your care, employees of government agencies, or any person who is already an agent for someone else.
Step 12: Change your mind.
You can change your Living Will at any time.You should immediately inform anyone who has a copy of the Living Will, including your agent and doctor.If possible, destroy all copies and make a new one.
Step 13: Get the form that's right for you.
Living Will forms are provided by many states.You are not required to use one of these forms.If the form doesn't fit in your circumstances, you may not use it or draft your own Living Will.You can look for living will forms in your state by performing an online search.
Step 14: Prepare a document of your own.
You need to follow a certain formula if you want to complete your own Living Will document.It will be legally binding if it has all the necessary information.There are 8 sections that need to be included in your Living Will.
Step 15: Sections 1 and 2 should be written.
Section 1 is about the health care agent.The Living Will creator's name, address, and phone number are included in this section.Section 2 names your alternate agent.You need to include any alternate agents that you want to name.
Step 16: The effective date is stated.
The date from which your Living Will will be effective is stated in section 3.When the Will goes into effect, statements such as "if and when the writer can't make health care decisions" are used.Unless you state otherwise, the doctor will determine when this happens.If you want, you can have an alternative start date for your Living Will.You can state that the agent's power will end after an event other than your death.One doctor might make the determination of incapacity, but you can specify in the Living Will that you want two doctors to make this decision for you.
Step 17: The agent has powers.
You need to define what powers you want to give to your agent.The grant of power to your agent should be as broad as possible.If you set specific limits, your agent won't have the authority to make any decisions regarding health care.Under this broad grant of power, the agent still needs to follow your instructions in sections 5 and 6.
Step 18: Do you know the instructions for end-of-life treatment?
If you want your medical treatment to be handled in a specific way, you need to describe it in section 5.Specific instructions can be given about end of life care.Specific instructions about issues such as blood transfusions, convulsive therapy, amputation, and certain types of surgery should be included.If you want your agent to refuse treatment that is against your religious beliefs, you can tell them to.
Step 19: Explanation of limitations or additional instructions.
You need to explain any other health care instructions that do not deal specifically with end-of-life matters that might arise while you are unable to help yourself.Discuss any limitations on the agent's power.If you want to include your wishes about medical treatments that are not required to keep you alive, you should do so.If you want your agent to agree to your admission to a nursing home, you can explain.
Step 20: There are input protections for third parties.
Any protection given to third parties that follow your agent's decisions should be laid out in section 7.Most states don't require health care providers to follow instructions from your agent if they object to them.Most states require providers to transfer you to another provider who will honor the Living Will.This section should be included in order to encourage doctor compliance with the Living Will.If you state in your Living Will that "no person who relies in good faith on any representations by my Agent shall be liable to me, my estate, or my heirs for recognizing the Agent's authority," the doctor might feel more comfortable.
Step 21: Choose organ donation options.
If you want to donate your organs at the time of your death, you need to specify in section 8.If you want to donate your organs, you should put this in your Living Will.Unless you want to make sure your wishes are followed, you don't have to specify this.
Step 22: Take the time to sign your living will.
You need to sign and date the Living Will document for it to take effect.The document should be signed in the presence of a notary to prevent future problems.Check your state to see if it requires you to have the document witnessed.If you are required to have witnesses, choose people who know you personally and who will be able to say that you aren't acting because of influence.