Living Wills

What is a Living Will?

A Living Will is a legal document that directs your attending physician that you do not want to artificially postpone your moment of death if you have an incurable and irreversible injury, disease or illness.


Why execute a Living Will?

A Living Will is considered a final expression of your right to refuse medical treatment. Many people execute Living Wills so that family members or other loved ones are not put in the position of having to decide whether to terminate or continue life-sustaining treatment when there is no hope for recovery.

Is a Living Will recognized in other States?

Virtually all states now recognize the Living Will. Most states have detailed laws setting forth the language that is to be included in the document. Since each state has different laws, it is a good idea to check with an attorney in the State in which you reside.


How are Living Wills misinterpreted?

Many people mistake a Living Will as being the equivalent of a ‘Do Not Resuscitate’ (DNR) order, which is an agreement between the patient and the attending physician that the patient will not be resuscitated if sudden unconsciousness occurs. This situation could occur even if there is no terminal illness meeting the narrow conditions described above.

Many people feel that this would prevent them from being put on a feeding tube and other means of nutrition and hydration. Remember the attending physician and the health care provider has a duty to provide treatment for a patient’s comfort, care and the alleviation of pain. In fact, nutrition and hydration shall not be withheld or withdrawn if it would result in the patient’s death.

Who can execute a living will?

An individual must be of sound mind and have reached the age of majority or otherwise be emancipated. The Living Will declaration must be signed by the person or executed at their direction and witnessed by two individuals that are at least 18 years of age.



Can you revoke a living will?

An individual can revoke a living will without regard to that person’s mental state. The document can be revoked in writing. The revocation can occur by the document being torn up, burnt, obliterated or other methods which indicate it is meant to be cancelled. The living will can be revoked by an oral request or other expression of intent to revoke providing this occurs in the presence of a witness who makes a written confirmation of the same.


Who decides whether or not to invoke the terms of my Living Will?

Most major hospitals have created “ethics panels” or independent review boards which consist of physicians, nurses, and other personnel not currently involved with the treatment of the individual in question. These panels review the situation and give the physicians direction. It is a good idea to call the hospital from which would most likely receive treatment, and inquire as to their policy on Living Wills.

Can the hospital fail to help me if I have a Living Will?

No, the parameters of the Living Will are definite. The condition must be a terminal condition or a permanently unconscious state. For instance, if you were having a hip replacement at the hospital, experienced a cardiac arrest following surgery and lapsed into unconsciousness, the hospital personnel would be required to perform all of the procedural measures that they are trained to do. A hip replacement is not a terminal condition without any chance of recovery or a permanent unconscious state, therefore, the Living Will would not apply.


Which do I want - a Living Will or a Health Care Power of Attorney?

A health care power of attorney is a much more comprehensive document when you are giving other people the authority to speak for you. A Living Will requires that you are terminally ill and it only applies to life sustaining procedures. A Health Care Power of Attorney allows you to give a person the authority to carry out your wishes for health care decisions and the procedures that are to be utilized for your care.



Do I want both?

If you have both a Living Will and a Health Care Power of Attorney be sure you have provided clear evidence of which document takes precedent. Remember that a Health Care Power of Attorney provides for your wishes about life sustaining procedures.