Living Wills
A Living Will is a document you make that tells others the kinds of medical treatments you want when you can’t. It’s a document that falls into a class of documents designed to communicate your desired medical treatments or interventions with medical professionals.
It’s Better To Title A Living Will, Advance Medical Directive
Carmen and I dislike the term, Living Will. In our research, we found lots of people confusing a Living Will with a Will. Many people do not know the difference between a Living Will and a Will. We highly recommend you title a Living Will, Advance Medical Directive. People do not confuse an Advance Medical Directive with a Will.
Sample Living Will or Advance Medical Directive
To my family, doctors, hospitals, surgeons, medical care providers, and all others concerned with my care:
I, John Smith, being of sound mind and rational thought, willfully and voluntarily make this declaration to be followed if I become incompetent or incapacitated to the extent that I am unable to communicate my wishes, desires and preferences on my own.
This declaration reflects my firm, informed, and settled commitment to refuse life-sustaining medical care and treatment under the circumstances that are indicated below.
This declaration and the following directions are an expression of my legal right to refuse medical care and treatment. I expect and trust the above-mentioned parties to regard themselves as legally and morally bound to act in accordance with my wishes, desires, and preferences. The above-mentioned parties should therefore be free from any legal liabilities for having followed this declaration and the directions that it contains.
DIRECTIONS
1. In the event that my attending physician or primary care physician believe that I am in an incurable or irreversible mental or physical condition with no reasonable medical expectation of recovery I request that my primary physician enlist the opinion of a specialist for the primary condition I am suffering from (aka Specialist) to seek a confirming opinion that I have no reasonable medical expectation of recovery.
2. If both my primary physician and the Specialist agree with the conditions in the paragraph above, I direct my primary care physician or attending physician to withhold or withdraw life-sustaining medical care and treatment that is serving only to prolong the process of my dying.
3. I direct that treatment be limited to measures which are designed to keep me comfortable. This includes treatments and medications to relieve pain, including any pain which might occur from the withholding or withdrawing of life-sustaining medical care or treatment.
4. I direct that if I am in the condition described in item 1, above, it be remembered that I specifically do not want the following forms of medical care and treatment:
A. Intubation
B. Dialysis
C. Ventilator
D. Surgery
E. Chemotherapy
5. I direct that if I am in the condition described in item 1, above, it be remembered that I specifically do want the following forms of medical care and treatment:
A. Penicillin
B. Minimally invasive surgery not requiring more than one night in hospital
6. I direct that if I am in the condition described in item 1, above, and if I also have the condition or conditions of Cancer, that I receive the following medical care and treatment:
Any experimental medication or treatments in pill or injection form that may help science. In other words, I want to participate in any studies that can be administered by pill or injection.
This Living Will Declaration expresses my firm wishes, desires, and preferences and the fact that I may have executed a form specified by the law of the State of _____________, may not be used a limiting or contradicting this Living Will Declaration, which is an expression of both my common law and constitutional rights.
I make this Living Will Declaration the __ day of _____, 20____.
_______________________________________________
Declarant’s Signature
________________________________________________
Declarant’s Address
WITNESS STATEMENTS
I declare that the person who signed or acknowledged this document is personally known to me, that he/she signed or acknowledged this Living Will Declaration in my presence, and that he/she appears to be of sound mind and under no duress, fraud, or undue influence.
________________________________________________
Witnesses’ Signature
________________________________________________
Witnesses’ Printed Name
________________________________________________
Witnesses’ Address
I declare that the person who signed or acknowledged this document is personally known to me, that he/she signed or acknowledged this Living Will Declaration in my presence, and that he/she appears to be of sound mind and under no duress, fraud, or undue influence.
________________________________________________
Witnesses’ Signature
________________________________________________
Witnesses’ Printed Name
________________________________________________
Witnesses’ Address
NOTARIZATION
STATE OF _______________________, COUNTY OF ___________________
Subscribed and sworn to before me his ________ day of ________, 20_____.
_______________________________
Signature of Notary Public
My commission expires: ________________________________
Problems With Advance Medical Directives
Advance Medical Directives do not always work. Let’s look at an example. A ninety-year-old man we’ll call Al has made an Advance Medical Directive and in it, he specifically says he does not want to be resuscitated for any reason. This is a do-not-resuscitate (DNR) request.
Al collapses at a funeral 1,000 miles from his home. He’s surrounded by friends, family, religious leaders, and strangers. Is anyone there capable or willing to express the patient’s wants if those wants included a DNR? Does Harry’s spouse turn to the Priest and say, “Harry wants to die?” Or do they wait to get more information?
This is not a simple proposition for a number of reasons.
First Responders Provide Immediate Aid
The first challenge occurs when first responders arrive to render aid. Whether it’s the funeral Al’s attending or at a senior’s home. First providers are trained to provide immediate assistance. If a patient is not breathing, they try and restore breathing. If a patient’s heart has stopped, they try and restore the heart.
If the patient doesn’t want this type of intervention, they need to communicate that desire to the first responders. That’s not easy to do if you are unconscious. Even if Al’s spouse knows about the want, is she at that point in time willing to say However, there are lots of ways to do this. See link to Advance Directives Section below.
Medical Emergencies Can Occur Anywhere
Another challenge is that medical emergencies can occur anywhere. Like in the Al funeral example above. What happens when first responders arrive? They want to administer treatment immediately. What happens at the hospital? Their goal is to keep their patients alive. Are family members prepared to say, “Al wants to die?” Do they have Als’s Advance Medical Directive? Can they get it quickly?