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What kind of medical care would you want if you were too ill or hurt to
express your wishes? Advance directives and living wills are
special
documents that allow you to convey your decisions about
end-of-life
care ahead of time. They provide a way for you to communicate your
wishes to family, friends and health care professionals, and to avoid
confusion later on.
It is important to understand that an advance directive is not the same
thing as a will. An advance directive communicates wishes and
preferences for care when people are too sick to speak or make decisions
for themselves. A Living Will sets
out medical treatments you choose to have, as well as the procedures or
treatments you do not want to have in cases such as life support,
feeding tubes, dialysis, resuscitation, organ donation and funeral and
burial arrangements. When filling out a living will you must be
18 years of age or unless certain limited conditions exist. A living
will can be stopped at any time by your request as long as you are still
competent.
Note that a Living Will is different than a Last Will and Testament. A
Living Will is instructions for your doctor, while you are still alive.
A Last Will and Testament is instructions to your personal
representative and the probate court, only to be used after your
passing.
Estate planning attorneys will commonly create both a Living Will and a
Medical Power of Attorney for their clients. A
medical power of attorney for health care is a document that names your
health care agent. Your agent is someone you trust to make health
decisions if you are unable to do so.
When something unexpected happens and a living will isn’t in place many
steps have to be followed. If you become unconscious or ill and unable
to make decisions regarding your own healthcare, an application may be
needed in order to have you made a ward of the court. In such cases, a
court will then appoint a guardian who will be given the power and
responsibility of making medical decisions on your behalf. However,
there is no guarantee that your guardian will respect any wishes that
you may have expressed about your medical treatment. A living will can
give you the assurance that your wishes will be granted.
Preparing an advance directive or living will involves more than simply
filling out a form. The time you spend thinking about the kind of care
you want, or don't want, and discussing your wishes with your family and
loved ones is much more meaningful than simply checking off boxes on a
form. The written document is a good way to remember and record your
thoughts and choices, but it is no substitute for time spent discussing
those choices with your loved ones. Once you have completed your living
will you should keep the original in a safe place but give copies to
your medical power of attorney and family, local hospital and physician.
If
you would like more information about advance directives and living
wills contact Health Access Network at 794-6700 or Eastern Area Agency
on Aging at 1-800-432-7812. The living will forms are available at
www.hanfqhc.org under the About tab and patient assistance section.