Living willWhat is a living will?A living will is a document which you can use to specify the level of medical procedures used to treat a medical condition or injury of otherwise prolong your life in the event that you are not physically or mentally able to make your wishes known to your family and physicians upon injury or illness etc.
Why is a living will important?The importance of having a living will or advanced medical directive was highlighted in the recent Terry Shrivo case where a woman was kept alive using artificial means for nearly a decade in a vegetative state since her husband and parents could not agree as to whether treatment should be continued, or ceased. The husband had always contended that Terri had made her wishes clear to him - she would not want to be maintained by artificial means without a reasonable likelihood of recovery or quality of life. Had Shrivo signed a living will prior to the unfortunate circumstances that led to her vegetative state, the whole situation may have been avoided, and she would have more dignity in her final passing. What the case illustrated more than anything was the importance of having a living will as well as a power of attorney for your health care matters. While we could argue for decades on the morality of the right to life, or right to a dignified death, what we can probably agree upon is that the decision in the case was Terry's to make - a living will would have specified her decision to her husband, parents, her physicians, the hospital, the courts, and lawmakers. Further, a living will would have removed the burden on the family members of making such a difficult decision. Should you become incapacitated as a result of a sudden physical injury in an accident or as a result of the progression of a serious illness, you need to be able to speak for yourself through your living will. In the event of such an incident, you will have a lot of people trying to do the best thing possible for you. It is an emotionally-charged time. Their best intentions to do what is right may very well go against your actual wishes. Physicians and hospital administrators fearing legal ramifications of withholding treatment may undertake procedures with little possibility of enhancing or prolonging your life at a qualitative level. Such treatment may put you and your loved ones through unnecessary suffering. Alternatively, of course, you may want all heroic measures possible undertaken to prolong your life, no matter how remote the chance of success. This is within your rights too! Without a living will to specify this desire, treatment alternatives may be withheld that you would otherwise have consented to. What can be specified in a living will?Most frequently, a living will specify if you wish to be administered life support measures when it is clear that death is imminent, or a state of coma is likely to become permanent, etc. An effective living will document will go into significant detail to specify the exact conditions where treatment should be withheld or undertaken aggressively. For example, a terminal cancer patient may direct that no artificial life support be undertaken in the event of cardiac failure as a result of his cancer, but that CPR be undertaken in the event of cardiac failure resulting from a heart attack unrelated to his cancer. The living will should also take great care to define ambiguous terms so the intentions of the person are always very clear. A living will should also specify a power of attorney - a person responsible for making health care decisions on your behalf. A living will may also specify a personal values statement, and your directives regarding organ donation. Living wills in each stateMany states have enacted specific legislation governing living wills and advanced health directives. You should consult with a qualified legal representative in your state to ensure that your living will meets the requirements of the legislation in your area.
|
