Living Will and the Withdrawal of Life Support
Although we may feel, at times, that we will live forever, the certainty is that life will end. Although it's not a pleasant thing to think about, prudent individuals will plan for the eventuality of death. Such planning includes making a last will and testament, to provide for the payment of final expenses and the distribution of property, and a living will, also known as a durable power of attorney for health care, to insure that proper healthcare decisions will be made.
Advanced medical directive
A living will is an advanced medical directive that is triggered upon the happening of a specific event, usually, a person's incapacity. A triggering event could be the result of an illness or an accident.
Although the form itself may vary from state to state, a living will is recognized in every state. Living wills are so common that health care facilities are instructed to ask patients who are to be admitted if they have a living will. In some instances, the facilities will make a form available.
Treatment and life support decisions
The living will is a written document that allows a person to specify, in advance of need, the kinds of treatment the person would choose or reject if he were unable to speak for himself. This is the opportunity to specify whether the person wants to be resuscitated at all costs, to prolong life at all costs, or to withdraw life support. Generally the decision to treat or to refrain from treating does not have to be an all or nothing decision. The person can indicate the conditions under which resuscitation, further treatment, and the continuation or withdrawal of life support should or should not occur.
Withdrawal of life support without a directive
When there is no written document expressing a person's wishes, life support may be withdrawn under certain circumstances. States vary as to whether life support may be withdrawn, but family members' wishes may be honored, especially when there is some evidence that the person has spoken with the family and has expressed his or her wishes on the subject. If the medical facility does not agree with the family's wishes, both the family and the medical facility may file suit to have a court determine how to proceed.
Copyright 2008 LexisNexis, a division of Reed Elsevier Inc.
