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History And Basics Facts About A Living Will
What is a living will? A living will is a document that indicates a patient's wish to use or not to use certain medical treatments while they are not able to answer the question themselves. With the today's remarkable medical advances in regards to sustaining lives, many families are faced with the tough decision of whether on not to extend the life of a loved one who may be in a vegetative state. In 1990, the United States Supreme Court ruled that a person can choose to not utilize machines and medical practices and express their wishes using a document called a living will. The ruling states that the living will must be formed under state law and a doctor must determine if the patient is not able to make their own decisions on their own.LegalZoom Prices vs. Typical Lawyer Charge


In some states, a living will assumes the name "advance directive" or "health care directive". Many people have broadened the health care directive to include a health care proxy, and Do Not Resuscitate Order (DNR).


The Parts of a Healthcare Directive
1. Living Will - The written document or guidlines to follow
The living will is an actual document that indicates what types of medical techniques or machines may or may not be used to extend your life as well as funding decisions. Such live extending medical treatments that should be clarified in a living will include :
  • Medical Ventilation :
    This is when your body is hooked to machine to help you breath. You may want to consider a certain length of time that is acceptable for the use of this machine.
  • Medical Ventilation
    This is when doctors maintain the normal levels of nutrients and fluids in your body by using intravenous methods. You may want to consider, if you want this method used to feed you, for how long, and whether to continue if your condition improves.
  • Dialysis
    This medical treatment eliminates wastes from your blood and regulates your fluids in the event that your kidneys no longer function. You may want to consider if you want this treatment, for how long or if this treatment would have to remain permanent even if you regain a more functioning life otherwise.
  • Utilization of Pain Management Tools
    In the event that your prognosis indicates you will ultimately die, do you want to be giving drugs to reduce the amount of pain and suffering you will have at the time of death.


  • 2. Healthcare Proxy - Naming a Decision Maker
    This a document that names a primary healthcare decision maker for you. Much like assigning a power of attorney, this individual must be someone who you can trust. The primary decision maker may gratefully use the living will as a guideline for decisions and have the authority to make sure your wishes are carried out over a doctor. You also want to indicate if this person may continue to make healthcare decisions even after you die, such as whether you are buried or cremated or if an autopsy is to be performed.

    3. Do Not Resuscitate Order (DNR)
    This is a written request to deny the use of cardiopulmonary resuscitation (CPR) if your heart stops beating or you stop breathing. A doctor may include this order in with your medical records.









    Ways that the Living Will Can Be Revoked
    1. Document is deemed invalid by the patient - The person or subject of the document at any time can void the document. However, they must notify everyone that they have done so.

    The Court rules the living will or health care agent invalid - If the living will was not written in accordance with state laws or the person acting on the patient's behalf is believe to not be acting in the patient's best interest, the court my overrule the living will. In such cases, a new person will be appointed by the court as the authority over the patient's health care needs.

    Divorce -
    At the time of a divorce, the dissolvement of marital rights may remove the spouse as the current health care agent. However, it is advisable that you consult with your state laws in this matter or even rewrite your living will in the event of a divorce.

    When the patient dies
    In most cases, a living will is null and void at the time of a patient's death. In some cases, the agent may have the right to make additional decisions on the diseased patient's behalf, such as the donation of organs, whether the person is cremated or buried, and even the peformance of an autopsy. It is advisable to clarify when the conclusion of an agent's rights to make decisions on your behalf will occur.

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