According to information provided by http://www.plan-my-estate.com an an estate
planning and asset protection resource web site, a living
will, known in most states as a Directive to Physicians or
Healthcare Directive, sets out your wishes about what extended
medical treatment should be withheld or provided if you become
unable to communicate those wishes. The directive creates a
contract with the attending doctor. Once the doctor receives a
properly signed and witnessed directive, he or she is under a
duty either to honor its instructions or to make sure you are
transferred to the care of another doctor who will.
There is an old saying, "nothing is sure in life except death
and taxes". Whether you like it or not, someday you will die.
How you die and how it effects the people you leave behind can
be affected by whether or not you have a living will.
Say you feel that if you develop an inevitably fatal illness,
you do not want any extreme measures taken to prolong your
suffering or to cause you additional suffering or loss of
dignity while you are dying. Say you have a massive stroke and
end up in a coma and according to the doctors you are brain dead
or completely unresponsive. You are being kept alive by a bunch
of machines and tubes. Now say you had previously told someone,
your spouse, one of your children or a parent, that you did not
want to be kept alive by extreme measures. That person tells the
doctor that you would not want to be kept alive by a machine,
however, another family member, who can not take the thought of
your dying, tells the doctor that you wanted to be kept alive by
any means possible. Now, there is a problem. Remember the seven
(7) year court battle over Terri Schiavo.
Both family members love you and both want to do what is best,
however they disagree and end up causing great emotional
distress to each other and to other people who love you, as well
as forcing you to be kept ailve against your wishes while the
matter is being settled, and as well as running up considerable
medical and legal expenses that have to be paid by someone. None
of this would have taken place had you taked the time to have a
living will prepared.
Conversely, say that you would like to receive all medical
treatment that is available, no matter what. Since you can not
speak for yourself, your spouse or a loved one, not knowing your
wishes and who believes in dying with dignity, tells the doctor
to turn off the machines and let you die. No one else knows what
you wanted so the machines are turned off and you die. Had you
taken the time to have a living will prepared they would have
tried to keep you alive.
The foregoing examples are very black and white and most
incidences will vary in various shades of grey, however I hope
that you will understand the point that I am trying to get
across.
Note: I am not an attorney or a doctor and none of the foregoing
should be construed as legal or medical advice. This article is
written strictly as my opinion based on life experiences through
both my personal life and my work as a private investigator when
investigating family disputes. As in all matters of law you
should always consult an attorney before taking on any legal
endeavor.
Whether you are married, single, young, old, healthy or ill, a
living will is an inexpensive way of insuring that your wishes
are carried out in the event that something untoward happens. It
could also spare your loved ones the emotional distress of being
forced to make such an important decision for you