Frequently Asked Questions About Living Wills Show
Authored By: D.C. Bar Pro Bono Center FAQWhat is a Living Will?Living Wills allow you to make your own decisions to direct which types of life-sustaining treatment, if any, you would like to receive if you have a terminal illness or if you are in a permanent coma. How does a Living Will differ from a Last Will and Testament?A Last Will and Testament is a legal document that expresses what you want done with your property, including your money, after your death. A Living Will is completely different from a Last Will and Testament. A Living Will deals with how you wish to be treated when you are dying. It has nothing to do with money or possessions. What does a Living Will do?A Living Will tells your doctors which kinds of treatment you do or do not want if you have a terminal illness or are in a permanent coma. Once I've signed a Living Will, how long does it last? Can I change my mind?A Living Will lasts until you cancel it. You may change your mind after signing a Living Will. If you wish to cancel your Living Will, you should tear up your copy and notify other people (such as family members and doctors) who also have a copy. Does a doctor have to honor my Living Will?NO. Doctors may refuse to honor your Living Will because of their personal, religious or spiritual beliefs, or because it is the policy of the hospital or the nursing home where you are being cared for. However, your doctor(s) or the facility should help your family locate another doctor or facility that will honor your wishes. How do I make a Living Will?A Living Will must be made in writing and witnessed by at least two adults. There are additional rules for witnessing and signing a Living Will.
No. The law does not require that a lawyer prepare your Living Will. However, you should ask a lawyer if you do not completely understand everything, or if you have any questions about your Living Will. Not necessarily. A doctor is not required to be involved in this process. However, it may be wise to ask your doctor his or her feelings about honoring your Living Will and ask about the policy on Living Wills at the hospital where he or she practices. Once I've made a Living Will, what should I do with it?Once you have signed your Living Will and your witnesses have also signed it, you should have several copies made. The original should be kept with your other important papers, like your Will. These papers should be kept in a place where someone can find them. They should NOT be placed in a safe deposit box, as that will likely not be opened until after your funeral. It is also important to give copies of your Living Will to other important people, like family members and doctors. Last Review and Update: Mar 01, 2019 Living wills and advance directives for medical decisionsPlan ahead and get the medical care you want at the end of life. By Mayo Clinic StaffLiving wills and other advance directives are written, legal instructions regarding your preferences for medical care if you are unable to make decisions for yourself. Advance directives guide choices for doctors and caregivers if you're terminally ill, seriously injured, in a coma, in the late stages of dementia or near the end of life. Advance directives aren't just for older adults. Unexpected end-of-life situations can happen at any age, so it's important for all adults to prepare these documents. By planning ahead, you can get the medical care you want, avoid unnecessary suffering and relieve caregivers of decision-making burdens during moments of crisis or grief. You also help reduce confusion or disagreement about the choices you would want people to make on your behalf. Power of attorneyA medical or health care power of attorney is a type of advance directive in which you name a person to make decisions for you when you are unable to do so. In some states this directive may also be called a durable power of attorney for health care or a health care proxy. Depending on where you live, the person you choose to make decisions on your behalf may be called one of the following:
Choosing a person to act as your health care agent is important. Even if you have other legal documents regarding your care, not all situations can be anticipated and some situations will require someone to make a judgment about your likely care wishes. You should choose a person who meets the following criteria:
The person you name may be a spouse, other family member, friend or member of a faith community. You may also choose one or more alternates in case the person you chose is unable to fulfill the role. Living willA living will is a written, legal document that spells out medical treatments you would and would not want to be used to keep you alive, as well as your preferences for other medical decisions, such as pain management or organ donation. In determining your wishes, think about your values. Consider how important it is to you to be independent and self-sufficient, and identify what circumstances might make you feel like your life is not worth living. Would you want treatment to extend your life in any situation? All situations? Would you want treatment only if a cure is possible? You should address a number of possible end-of-life care decisions in your living will. Talk to your doctor if you have questions about any of the following medical decisions:
Do not resuscitate and do not intubate ordersYou don't need to have an advance directive or living will to have do not resuscitate (DNR) and do not intubate (DNI) orders. To establish DNR or DNI orders, tell your doctor about your preferences. He or she will write the orders and put them in your medical record. Even if you already have a living will that includes your preferences regarding resuscitation and intubation, it is still a good idea to establish DNR or DNI orders each time you are admitted to a new hospital or health care facility. Creating advance directivesAdvance directives need to be in writing. Each state has different forms and requirements for creating legal documents. Depending on where you live, a form may need to be signed by a witness or notarized. You can ask a lawyer to help you with the process, but it is generally not necessary. Links to state-specific forms can be found on the websites of various organizations such as the American Bar Association, AARP and the National Hospice and Palliative Care Organization. Review your advance directives with your doctor and your health care agent to be sure you have filled out forms correctly. When you have completed your documents, you need to do the following:
Reviewing and changing advance directivesYou can change your directives at any time. If you want to make changes, you must create a new form, distribute new copies and destroy all old copies. Specific requirements for changing directives may vary by state. You should discuss changes with your primary care doctor and make sure a new directive replaces an old directive in your medical file. New directives must also be added to medical charts in a hospital or nursing home. Also, talk to your health care agent, family and friends about changes you have made. Consider reviewing your directives and creating new ones in the following situations:
Physician orders for life-sustaining treatment (POLST)In some states, advance health care planning includes a document called physician orders for life-sustaining treatment (POLST). The document may also be called provider orders for life-sustaining treatment (POLST) or medical orders for life-sustaining treatment (MOLST). A POLST is intended for people who have already been diagnosed with a serious illness. This form does not replace your other directives. Instead, it serves as doctor-ordered instructions — not unlike a prescription — to ensure that, in case of an emergency, you receive the treatment you prefer. Your doctor will fill out the form based on the contents of your advance directives, the discussions you have with your doctor about the likely course of your illness and your treatment preferences. A POLST stays with you. If you are in a hospital or nursing home, the document is posted near your bed. If you are living at home or in a hospice care facility, the document is prominently displayed where emergency personnel or other medical team members can easily find it. Forms vary by state, but essentially a POLST enables your doctor to include details about what treatments not to use, under what conditions certain treatments can be used, how long treatments may be used and when treatments should be withdrawn. Issues covered in a POLST may include:
A POLST also indicates what advance directives you have created and who serves as your health care agent. Like advance directives, POLSTs can be canceled or updated. Sign up for free, and stay up to date on research advancements, health tips and current health topics, like COVID-19, plus expertise on managing health. To provide you with the most relevant and helpful
information, and understand which information is beneficial, we may combine your email and website usage information with other information we have about you. If you are a Mayo Clinic patient, this could include protected health information. If we combine this information with your protected health information, we will treat all of that information as protected health information and will only use or disclose that information as set forth in our notice of privacy practices. You may opt-out of
email communications at any time by clicking on the unsubscribe link in the e-mail. Aug. 02, 2022
See more In-depth See also
. How much does a will to live cost?Living wills are legal documents that represent your preferences for very serious medical care, so it needs to be prepared correctly. Data from ContractsCounsel's marketplace suggests that the average cost of making a living will is $500 - $750 .
Does a living will in Florida need to be notarized?No — in Florida, you don't need to notarize your will to make it valid. However, a notary is required to make your will self-proving. When a will is self-proving, it can be admitted to probate without needing your witnesses' testimony, which can speed up the process.
How do I get a living will in New Jersey?A competent adult may execute a living will at any time. The living will must be signed by the declarant and witnessed by either two adult witnesses or a notary public or lawyer. The witnesses must also attest to the sound mind of the declarant, and that the living will was executed free of duress or undue influence.
How do I get a living will in Kansas?The living will must be:. In writing.. Dated.. Signed by declarant in the presence of two or more adult witnesses that aren't related to the declarant.. Substantially in the same form as the sample in Kansas Statute Section 65-28, 103.. |