Often, it is easier for people to make life and death decisions when they are guided by your wishes in a Living Will. It also reduces the stress on loved ones at an already stressful time. Additionally, your wishes are more likely to be followed and respected by your loved ones if they have guidance in writing. [2] X Research source Chambers, Joy S. The Easy Will & Living Will Kit. Naperville, IL: Sphinx Publishing, 2005, 88-89.
Living Wills also do not cover every situation. For example, you may need treatment that is not contemplated by your Living Will. In this situation, you will need an agent appointed by a Medical Power of Attorney to make medical decisions for you when you are incapacitated.
In the Medical Power of Attorney, you appoint an agent who can consent, refuse, or withdraw consent for any type of medical care or procedure. For more information on medical power of attorney, consult wikiHow’s How to Write a Medical Power of Attorney.
POLST can substitute for a Do Not Resuscitate (DNR) order. With a DNR, you can state that you do not want CPR. However, a POLST is much broader and also states your wishes with respect to intubation, antibiotic use, and feeding tubes. [6] X Research source Doctors sometimes will also ignore a Living Will. For this reason you should create a POLST, if one is available in your state. To make sure that your wishes are carried out, you will need a Living Will, a Medical Power of Attorney, and a POLST. All are necessary, especially if you are facing an imminent end-of-life situation.
For example, make sure you understand the difference between resuscitation and life support. Resuscitation is the act of bringing a person back to life after the heart has stopped. Life support is a system, such as using a ventilator or feeding tube, that will keep you alive when you cannot do so on your own. [7] X Research source
Look for certification. Many states certify attorneys in Estate Planning and Trust law. Ohio, for example, has a specialization in Estate Planning, Trust and Probate Law. [9] X Research source 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 in the field, and pass a written examination. [10] X Research source Other states have similar programs and standards. You may also look for someone certified in Elder Law. Elder law attorneys routinely handle end-of-life issues for clients.
When considering who to appoint as your agent, decide whether your spouse is likely to be emotionally overwhelmed by your medical crisis. If so, you may want to choose another relative in order to spare your spouse the agony of following your wishes. This is also true for any other family member, such as a child or sibling, who you might consider as an agent. You do not want to cause your loved one too much emotional strain in the situation. Whoever you choose, make sure that they share your ethical and religious values. Make sure you tell the individual you choose as your agent. You do not want it to be a surprise if she needs to undertake the responsibilities of the position. Whoever you choose needs to be willing to enforce your Living Will. It is not unusual for doctors and hospitals to ignore provisions contained within a Living Will. Your agent will need to clear and forceful with medical professionals while advocating on your behalf. [11] X Research source Chambers, Joy S. The Easy Will & Living Will Kit. Naperville, IL: Sphinx Publishing, 2005, 89-91. [12] X Research source
For example, in most states, there are certain people that cannot 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. [14] X Research source Chambers, Joy S. The Easy Will & Living Will Kit. Naperville, IL: Sphinx Publishing, 2005, 89-91.
To look for forms in your state, perform an online search for “living will forms in [the state where you live]. ”[15] X Research source Illinois has a sample form here.
You can have an alternative start date for your Living Will if you desire. You can also state that the agent’s power will end at some later date or after an event other than your death. For example, one doctor might make the determination of incapacity, but you can specify in the Living Will that you would like two doctors to make this decision for you. [18] X Research source Chambers, Joy S. The Easy Will & Living Will Kit. Naperville, IL: Sphinx Publishing, 2005, 100-109.
However, even under this broad grant of power, the agent still must follow your wishes and directions that are set out in sections 5 and 6. [19] X Research source Chambers, Joy S. The Easy Will & Living Will Kit. Naperville, IL: Sphinx Publishing, 2005, 100-109.
For example, you may instruct your agent to refuse any specific types of treatment that are against your religious beliefs, such as a blood transfusion or life support, or anything that is unacceptable to you for any other reason.
For example, you may want to include your wishes about medical treatments that might be suggested but that are not required to keep you live. You can also explain if you want your agent to agree to your admission to a nursing home.
You should include this section to encourage doctor compliance with the Living Will without the fear of being held liable civilly. For example, 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 following whatever wishes you state in section 5 and 6. [22] X Research source
If you are required to have witnesses, choose people who know you personally and who will be able to declare that you appear to be competent and are not acting because of undue influence. [24] X Research source
