Purpose of a Living Will
Withdrawing or Withholding Specific Medical Treatments
Legal and Ethical Issues Surrounding End of Life Decisions
Purpose of a Living Will / Advance Care Directives
Frequently Asked Questions about Living Wills
How do you feel about being placed on a ventilator? Would you consent to life-saving surgery if you were already suffering from advanced stages of Alzheimer's? In 1999, the Journal of the American Medical Association reported that people suffering from terminal medical conditions often fear the potential burden faced by loved ones making end-of-life decisions on their behalf.
The overarching purpose of a living will is to allow a trusted decision-maker to prevent those who are unconscious or near death from enduring unwanted healthcare treatments. In order for you to direct these difficult health care decisions, a living will must be in place. Without this document, family members can only be able guess what health care treatment you would choose for yourself. In the event there is disagreement over treatment, a physician will typically opt to continue life support. Therefore, planning is critical.
Living Wills Are For All Adults
The need for a living will goes beyond those who are terminally ill or the very elderly, where death is expected. In the United States, 80 to 85% of those who die are 65 or over, and have suffered from a chronic disease. Less than 5% have living wills. It is difficult to know when a chronic illness may become terminal. Some chronic illnesses that may lead to incapacitation include:
- Heart disease
- Stroke
- Lung disease, such as Chronic Obstructive Pulmonary Disease (COPD)
- Alzheimer's disease
- Renal failure
Individuals suffering from a chronic illness should draft a living will. While many people avoid discussing major illness or death, most care about the quality of their end-of-life experience, so it is important to provide instructions that illustrate your wishes for health care.
In a study completed at the National Institutes of Health, patients 65 or older who discussed health care directives with their physicians and families experienced:
- Increased patient satisfaction
- Less fear and anxiety about their end-of-life experience
- Greater ability to influence health care decisions
- Greater understanding and comfort in their end-of-life options and decisions
All adults should have a living will. Accidents, injury, and illness can occur at any age. Discuss spiritual and physical needs with your physician and family members before an end-of-life situation arises.
Components of a Living Will
Legal advisors suggest that each living will have at least two components: specific instructions / healthcare directives, and a Health Care Power of Attorney, or Healthcare Proxy, designating the person you select as your healthcare proxy (designated decision-maker).
Duties of a Proxy
A healthcare proxy is a designated substitute to act as the patient's advocate in making difficult healthcare decisions. Generally, a proxy is a trusted family member or friend. Proxy duties may include:
- Receiving the same type of medical information a patient would receive if making their own medical decision
- Discussing all possible options and consequences with the medical team
- Asking questions and understanding explanations
- Requesting consultations or second opinions
- Consenting to, or refusing, medical tests or treatments
- Authorizing transfer to another physician or institution
Conclusion
Illness or injury may strike at any age, rendering you unable to make your own medical care decisions. Discuss the creation of a living will thoroughly with your family, your doctor, and the person you trust to be your surrogate decision-maker. Advance health care directives must be in place before illness or injury strikes. An attorney who is competent and experienced in drafting livings wills can help you document your very personal decisions. If you or a loved one has decided the time is right to draft a living will, call a lawyer today.
DISCLAIMER: This site and any information contained herein is intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.
