ADVANCED HEALTH CARE DIRECTIVE/ LIVING WILL

While the wonders of modern medicine have the ability to keep people alive longer, many people say that they do not want to be kept alive by a ventilator, a feeding tube, or by other modern technologies.  The expression of such a desire is considered an end of life decision that should be expressed in a document called an ADVANCE HEALTH CARE DIRECTIVE.  Another name for this document is a LIVING WILL.  If you do not express your wishes on paper in an ADVANCED HEALTH CARE DIRECTIVE there is little chance your wishes will be honored.  ADVANCE HEALTH CARE DIRECTIVES have evolved over the past several decades as life prolonging technology has advanced. 

Different states have different laws and forms for ADVANCE HEALTH CARE DIRECTIVES.  However, the choices you can make are similar regardless of where you reside.  You can express the specific level of medical intervention you want the medical professionals to make in certain circumstances.  For example, you can tell the medical professional what to do if your heart stops, or what to do if you are in a coma from which the doctors do not believe you will ever recover.  You can tell them to make no attempt to restart your heart or you can tell them to make every effort to restart your heart.  You can make your wishes known about what treatment you do or do not want if you stop breathing, if you cannot eat or drink on your own, if you are diagnosed with cancer, or if your kidneys shut down. 

You should know that an ADVANCE HEALTH CARE DIRECTIVE typically does not apply unless, in the opinion of the doctors, you are in a state of permanent unconsciousness from which they do not expect you to recover.  You may be in a   similar type of circumstance if you have been diagnosed with a terminal illness and death is expected in twelve months or less.  If you are in a car accident and the paramedics find you with your heart stopped they will put the paddles on you and try to start your heart. 

Additionally, if you are aware and can communicate your wishes, those wishes can, and will, supersede your ADVANCE HEALTH CARE DIRECTIVE.  For example, if you had Amyotrophic Lateral Sclerosis (ALS), which is known as Lou Gehrig’s disease, and you found yourself having difficulty catching your breath, you would be asked if you want assistance with your breathing.  If you said you did want help breathing, you would get that help even if you have an ADVANCE HEALTH CARE DIRECTIVE that says you do not want to be on a ventilator. 

Normally the ADVANCE HEALTH CARE DIRECTIVE is not enough in and of itself to stop life prolonging measures.  Any doctor treating you for a serious condition will want to see your ADVANCE HEALTH CARE DIRECTIVE and discuss it with your family before implementing your wishes.  Normally a doctor issues a “Do Not Resuscitate” (DNR) order after the doctor reads your ADVANCE HEALTH CARE DIRECTIVE, consults with the family, and confirms that you do not want certain life prolonging measures taken.  It is the “DNR” order from the doctor that actually puts into practice your stated wishes.   Normally, the doctor will tailor the “Do Not Resuscitate” order to your wishes as expressed in your ADVANCE HEALTH CARE DIRECTIVE.  You may wish to consult an attorney before completing an ADVANCE HEALTH CARE DIRECTIVE.  Many states have adopted ADVANCE HEALTH CARE DIRECTIVE suggested forms that are designed to be completed without the need to consult an attorney, making it more likely that more people will complete the forms and express their wishes.

In many states there is a requirement that one or more people witness the ADVANCE HEALTH CARE DIRECTIVE and that these witnesses not be family members or beneficiaries of the estate of the person signing the directive.  Some states require that the ADVANCE HEALTH CARE DIRECTIVE be notarized and some do not.   An attorney from your state can advise you on the requirements necessary for the proper completion of an ADVANCE HEALTH CARE DIRECTIVE.

This article is not intended to provide legal advice and you should consult an attorney prior to acting on any information contained in this article.

Click here for sample ADVANCE HEALTH CARE DIRECTIVES

     
   
   
 
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