Make A Living Will Today

What is a Living Will or Healthcare Directive

And  Do You Need One?

http://www.lawdepot.ca/contracts/living-will-personal-directive/?pid=pg-R4A3Y9OYQP-living-will-personal-directivetextlink&ldcn=healthdir&loc=CA

 

Prepare for unforeseen circumstances to save yourself and your family needless pain.

We have all heard stories of people who, because of a terrible accident or illness, become unable to make health care decisions for themselves. It may happen gradually, when someone develops dementia, for example. If he or she did not previously designate another person to do so, the matter can end up in the courts.

Having a health care power of attorney  is the best way to make sure that your wishes are followed and that you receive the level of care you choose.

In this video by Milwaukee Public Television, attorney Betsy Abramson, deputy director of the Wisconsin Institute for Healthy Aging, offers pointers on how you can put your mind at ease by filling out the vital paperwork.

 

Living Will states your wishes regarding life support in the event that you cannot communicate your end-of-life wishes yourself. Your Living Will only comes into effect if you are in a persistent vegetative state or irreversible coma and can no longer make and communicate your own wishes. A Living Will spares your family the anguish of making life-support decisions without your input. A Living Will also ensures that your doctor understands your end-of-life wishes and treats you accordingly.

Living Wills can be very specific or very general. Living Wills that are too general may not provide sufficient direction and serve only to create confusion and conflict between medical personnel, your health care agent, and your loved ones. More specific Living Wills are preferred. These are shown to be most successful when they include informed, thoughtful reflection on your wishes and values supported by personal communication between you and your health care agent before a medical crisis occurs.

Recently, Living Wills have moved away from focusing on specific treatments and medical procedures to focus on patient values, personal goals, and health outcome states. For example, a Living Will might: designate an agent to make care decisions; dictate what kind of life support treatment that patient does or does not want; discuss pain management, personal grooming and bathing instructions; address how the patient wants to be treated, including religious, spiritual, and emotional support; and detail funeral or memorial plans.

Choosing an Agent for Your Living Will

http://www.lawdepot.ca/contracts/living-will-personal-directive/?pid=pg-R4A3Y9OYQP-living-will-personal-directivetextlink&ldcn=healthdir&loc=CA

When you become unable to make medical decisions for yourself, the power to make life-support decisions for you is transferred to the person you designate as your agent in your Living Will or Health Care Power of Attorney. 

This person must act according to the directives set out in that document. The person that you designate as your agent should be someone you know and trust. Some states refer to the agent as an “attorney-in-fact,” “health care agent,” “health care proxy,” “health care representative,” “patient advocate,” “proxy” or “surrogate.”

The statutes of most states require that your agent be an adult. In addition, under most circumstances, your agent cannot be your health care provider (for example, a physician, nurse, employee, officer, director, or operator of a home health agency, hospital, nursing home, or residential care facility) unless that person is related to you. In selecting an agent for your Living Will, you should not designate a person who is, or may become, directly involved in providing health care to you unless that person is your spouse or a family member.

Make sure your agent is willing to assume responsibility for your medical decision making. If she agrees to be your proxy, talk with her about your values, beliefs and desires. Good health care agents are able to separate their own feelings from yours and your wishes, but may feel guilt and anguish at having to make such difficult end-of-life decisions. Communicating early and often with your agent can help ensure that both you and your agent are comfortable and at peace with your life-support wishes.

http://www.lawdepot.ca/contracts/living-will-personal-directive/?pid=pg-R4A3Y9OYQP-living-will-personal-directivetextlink&ldcn=healthdir&loc=CA

Choose just one person to serve as your agent at a given time to avoid conflicts. But choose an alternate agent in case the primary agent is not available. Once you have selected an agent, make sure they get a copy of your Living Will, and tell your family and physician whom you’ve selected.

Many individuals give their health care agents broad authority to override their written Living Will. Other individuals give the written Living Will priority. Make sure to articulate which instruction to follow when there is a conflict between your agent and your Living Will.

 

Summary For Americans:

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Create your US Citizen Living Will today.  Call your lawyer or prepare one simply and inexpensively yourself online at Law Depot.

What is a Living Will?

A Living Will lets you specify your choices for medical treatment. A Living Will documents your preferences for the time when you are no longer able to communicate or provide consent.

What is a Medical Power of Attorney?

A Medical Power of Attorney allows you to designate someone (your Agent) to make health care decisions for you when you are no longer able to do so.

What are my rights?

If you have a Living Will, the decisions made by your Agent will be constrained by that document. The Medical Power of Attorney is useful for those issues that are not covered by your Living Will. In those cases, your Agent can ensure the intent of your wishes are followed.

The U.S. Constitution allows people to determine the kind of health care they will receive. However, many states limit the types of health care decisions that can be made, and the instructions that you provide below may go beyond what is allowed in your state. This will not invalidate your instructions, but your health care providers may be limited to what is legally permitted.

 

Summary For Canadians:

http://www.ctvnews.ca/polopoly_fs/1.2237377.1424029075!/httpImage/image.jpg_gen/derivatives/landscape_960/image.jpg

Create your Canadian Citizen Living Will today.  Call your lawyer, or prepare one inexpensively yourself online at Law Depot.

What is a Representation Agreement?

A Personal Directive or Living Will allows you to designate someone who will make health care and personal care decisions for you when you are not able and also to provide instructions for future care while you are still capable of making decisions for yourself.  A Personal Directive provides an opportunity for you to discuss treatment options with your medical staff as well as to discuss and resolve difficult issues with your family and friends.  Your directive must be made while you are still capable of giving consent.  Note that a Personal Directive is also called a Living Will, Advance Directive, Health Care Directive, or Power of Attorney for personal care.

Every adult who is 19 years of age or older is presumed to be capable of making, changing or revoking a representation agreement, and making decisions about personal care, health care and legal matters and about the adult’s financial affairs, business and assets.In addition the following will apply:

  • You must be mentally competent.
  • You must be fully informed of your treatment options for all possible medical outcomes.
  • You should not be unduly influenced by anyone else during your decision making process.

Who can write a Heath Care Directive?

Every adult who is 19 years of age or older is presumed to be capable of making, changing or revoking a representation agreement, and making decisions about personal care, health care and legal matters and about the adult’s financial affairs, business and assets.In addition the following will apply:

  • You must be mentally competent.
  • You must be fully informed of your treatment options for all possible medical outcomes.
  • You should not be unduly influenced by anyone else during your decision making process.

Other Countries:

Create your  UK Living Will Today.

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6 comments

  • Caito Junqueira

    Hello, there,
    Thank you so much for such a great advice!
    Making a living will as soon as possible seems to be the wisest decision one can make.
    Is it possible for someone to be lured into it not knowing it is in reality prejudicial to them?
    Keep the great work!

    • admin

      Thank you for your comment, Caito. Only a person of sound mind may sign a living will. It is a good idea to make sure that several people know of the existence of the will to avoid contention. A do-it-yourself will should be looked over by an expert. Another option is to have it witnessed and notarized. Both options are much less expensive than having the living will drawn up at a lawyer’s office

  • Terri

    HI, I just read you page on living wills, and you provided some really good information on how to create one. I feel this is very important as I lost both my parents a few years back and one didn’t have anything written and the other did, but not very well. Which really got me to thinking how thorough I must be on mine. Having cancer twice now, this is something I really need to start working on.

    • admin

      Hi Terri, thank you for commenting. Yes – you can create one at your own pace expensively online, and then have an expert look it over and witness the signature. Make sure several people are aware of its existence and location. Not a fun task, but simple and affordable.

  • Riaz Shah

    Hey Laurie,
    I never really knew the importance of writing wills, I though that we can just write it just like that without any consent from lawyers like in movies.

    Boy I was wrong, but its totally understandable though because people might take advantage of the situation. A really insightful article, thanks for taking the time to write this. Cheers!

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