Archive for the ‘Living Wills’ Category

Questions Worth Asking About Advance Directives And Living Wills

Monday, June 20th, 2011

If you’re seriously interested in knowing about Living Wills, you need to think beyond the basics. This informative article takes a closer look at things you need to know about Living Wills.

Stop wondering about what advance directives and living wills can do for you. Instead, seek out the answers for the very obvious questions that have been bugging you for so long now. And there’s no better way to start this quest than with good old definitions.

What are Advance Directives and Living Wills?

An advance directive instructs your attending physician about the type of care/treatment you would like to receive if you ever become unable to formulate decisions for yourself. Hospital personnel may talk to you about this stuff.

Of course, you would certainly be approached with this kind of suggestion while you’re still well and able; otherwise your eligibility of making an advance directive would be forfeited by incapacitation, mental illness or terminal disease.

An excellent advance directive specifically describes the type of medical treatment you wish to get depending on the gravity of your medical condition. For instance, the instructions may illustrate the kind and extent of care you want if you become diagnosed with an illness that is beyond any possibility of recovery. In addition, this document usually informs physicians of your objection against ? or approval for ?a certain types of treatment.

Advance directives may come in various forms. The laws that regulate them are different in every state. Therefore, you need to be conscious of the laws in the state you live in.

An advance directive, on the other hand, is a form of advance directive. This legally binding document describes the treatment or life-support measures you intend to receive in the untoward event of a terminal illness or irreversible coma.

A living will may or may not let you appoint another person to decide on your behalf. The presence of this option is normally based on state-specific laws.

Think about what you’ve read so far. Does it reinforce what you already know about Living Wills? Or was there something completely new? What about the remaining paragraphs?

Why are they important?

By making advance directives and living wills as early as possible, you are expressing you preferences with regard to medical treatment before you are faced with a severe injury or disease. Doing so will spare your family and friends the pressure of deciding what is really best for you. More often than not, the legal age qualified to make these documents is 18 years old.

Seriously ill people are more likely to draw up these legal documents in advance. For instance, a person with a terminal cancer may write her wish not to be hooked to a respirator in case of a respiratory arrest. This act can lessen the patient’s suffering, promote his or her peace of mind, and increase control over his or her death.

Then again, even if you’re still in an excellent health condition, you may want to think about making your own advance directive. Who knows for sure? You may encounter a terrible accident or unexpectedly collapse on your way to work. If you have thought of these possibilities and have decided to do the right thing, then you can rest assured that your wishes will be respected and implemented by your health care provider.

How to make them?

An advance directive and living will don’t necessarily have to be complex legal documents. They can simply be short statements concerning your health care preferences in case your ability to communicate is gone. Keep in mind that any request you write down should conform to the laws of your state.

You can write these documents in a number of ways. First is by using a form that supplied by your physician. You may also put your requests in writing all by yourself. Aside from that, you also have the option to ask for the appropriate form from the health care department of your state.

With the technology of the modern world, you may even get hold of free online living will forms. Some web sites also sell software packages for all types of legal documents.

Then again, if you want to do it the traditional way, then you can confer with a lawyer who handles advance directives and living wills.

If you’ve picked some pointers about Living Wills that you can put into action, then by all means, do so. You won’t really be able to gain any benefits from your new knowledge if you don’t use it.

About the Author
By Anders Eriksson, feel free to visit his soon to be top ranked Perpetual20 affiliate site: Perpetual 20

Living Wills And Power Of Attorney

Sunday, June 19th, 2011

A coherent patient basically has the right to make an autonomous decision regarding health care. He or she may decide to refuse or accept any form of medical treatment in the event of an illness or trauma. However, when coherence is absent, the duty is typically passed on to the patient’s immediate family or the health care provider. This is when the concepts of living wills and power of attorney become significant.

For as long as you’re competent and rational, only you can decide what medical intervention to accept. Needless to say, you also have the right to decline treatment based on your personal beliefs and preferences. The usual scenario would include a thorough explanation from your attending physicians as regards to the advantages and disadvantages of a particular medication or procedure. Yet, regardless of your reasons, the health care provider is obligated to grant your refusal to receive medical care.

On the other hand, if you become incapacitated due to a permanent disability or a terminal illness, you may lose the right and ability to decide for your own medical treatment. In this case, the important determinations will have to be made on your behalf. And if you haven’t formulated any instructions, no one will truly know what you would have wanted to happen.

Consequently, the health care team and your immediate family will have to work with professional judgment and presumptions about your condition. So before it’s too late, learn about living wills and power of attorney and how they can make the situation a lot easier for and your family.

Living Will

A living will is a legally binding document that allows you to express your wishes in writing with regard to medical treatment. It normally contains instructions as to how you want to be taken care of in the event of a debilitating illness or a permanent vegetative condition.

More often than not, two witnesses are required to observe the signing of this legal document. A number of states even necessitate the presence of a Notary Public. Apart from that, the living will should be consistent with the laws of the state on the subject of advance directives.

The more authentic information about Living Wills you know, the more likely people are to consider you a Living Wills expert. Read on for even more Living Wills facts that you can share.

Since it is a legal document, the health care provider and your immediate family would be compelled to put your wishes into action. On top of that, a living will would certainly guarantee that your decisions about your medical treatment would be respected no matter what happens.

Power of Attorney

A power of attorney used in health care enables you ? the creator ? to name an advocate in the event of your illness or incapacity. This person would serve as your proxy in the decision-making pertaining to your medical care. Of course, your advocate should have full knowledge of what you intend or desire to happen in case you become too debilitated to actually speak or decide for yourself.

Certain qualifications and conditions must be fulfilled before a person can be named as your advocate. For instance, he or she must be of legal age ? eighteen years old and above ? and must only have your best interest in mind. You may pick your spouse, son, daughter, sibling, a friend, or any trusted person to act as your health care representative.

In case you want your advocate to be able to decline any medical treatment and permit you to pass away peacefully, you must specifically say so in writing.

Although the drafting of a power of attorney is not necessarily required, you have to remember that the legal authority of your representative will only take effect after you have duly signed the said document.

So choose between living wills and power of attorney, and try to determine which of the two would work best for you.

If you’ve picked some pointers about Living Wills that you can put into action, then by all means, do so. You won’t really be able to gain any benefits from your new knowledge if you don’t use it.

About the Author
By Anders Eriksson, proud owner of this top ranked web hosting reseller site: GVO

The Limitations and Alternatives of Missouri Living Wills

Thursday, June 16th, 2011

In today’s world, it seems that almost any topic is open for debate. While I was gathering facts for this article, I was quite surprised to find some of the issues I thought were settled are actually still being openly discussed.

A living will is a legal statement or declaration that a person can make signifying his or her desire to withhold or withdraw certain types of medical treatment under a number of circumstances. Missouri living wills also function in the same way.

Any competent resident of Missouri who is 18 years or older can draft a living will by affixing his or her signature and the exact date to the declaration. This must be done in the presence of two qualified witnesses. A witness must be at least 18 years of age and should not have nay relation to the creator of the living will. He or she should not be a beneficiary of or monetarily responsible for the health care of the creator.

The making of a living will or other forms of advance directives is highly recommended since it prepares a person for that grim possibility of incapacitation. Plus, it provides an excellent opportunity to formulate health care decisions with much thought and free of pressure.

The Limitations of Missouri Living Wills

While most folks have heard about living wills, not all are actually aware of the substantial limitations of the document as defined by the laws of Missouri. The terms “terminal condition” or “death-prolonging procedure” are utilized in the statute to indicate the circumstances to which the declaration applies.

The law defines these terms with reference to a condition wherein death is about to happen whether certain treatments are given or not. In other words, the patient is expected to pass away within a short period of time with or without resuscitation, mechanical ventilator, artificial nutrition/hydration, and/or surgical procedure.

So far, we’ve uncovered some interesting facts about Living Wills. You may decide that the following information is even more interesting.

By definition, a living will only steers clear of treatment when the prospect of death is unquestionable and the medications or procedures are ineffective in preventing or significantly postponing death. In addition, the statute forbids a living will from withdrawing or withholding artificial nutrition or hydration ? which is nourishment supplied through an intravenous line or feeding tube.

The Alternatives to Missouri Living Wills

For people who want to express health care decisions that are beyond the bounds of Missouri statutes about living wills, there is a possible alternative. This option is also known as “advance directives.” The legal declaration contains a patient’s desire to withhold or withdraw certain medical treatments prior to suffering from a debilitating condition wherein the ability to communicate is not possible.

In the absence of an advance directive, once a person becomes debilitated, he or she could lose the right to self-determination. Missouri living wills are just a form advance directive, complete with its own benefits and limitations. Nevertheless, latest court cases have made it obvious that any competent person has the right to create other forms of advance directives that go beyond the restrictions of the living will law.

The alternative directives need to be convincing and clear, and may contain instructions with regard to the withdrawal or withholding of artificial nourishment or other life-sustaining measures that could keep the patient in a persistent vegetative state.

The contents of this written and legally binding document may be modified according to the creator’s preferences and needs. For instance, it can specify that certain measures may be done for a sensible timetable and then terminated if the expected outcome is not observed.

Know that the creation of advance directives follow certain similar policies as that of Missouri living wills. The documents also need to be signed and dated in the presence of two qualified witnesses in order to make them legal.

Now that wasn’t hard at all, was it? And you’ve earned a wealth of knowledge, just from taking some time to study an expert’s word on Living Wills.

About the Author
By Anders Eriksson, feel free to visit his Perpetual20 affiliate site for great bonuses: Perpetual 20

All About New Jersey Living Wills

Wednesday, June 15th, 2011

This interesting article addresses some of the key issues regarding Living Wills. A careful reading of this material could make a big difference in how you think about Living Wills.

The policies on New Jersey living wills may bear some resemblance with that of other states in the United States. But for purposes of specificity and just to make sure that things are carried out according to state procedure, it would be best to familiarize yourself with New Jersey laws on the subject of advance directives.

The Basics

The legal term for living wills is Advanced Directive. The Health Care Act of New Jersey had codified this document almost fifteen years ago.

In the state of New Jersey, a living will is deemed as a simple document that needed to be in writing, dated and signed in the presence of two sworn witnesses whose main role is to verify the competence and coherence of the creator and to make sure that no undue influence was present at the time.

Then again, it may simply be acknowledged, signed and dated in the presence of an attorney, a Notary Public, or a person authorized to oversee oaths in New Jersey.

The living will normally takes effect when it is conveyed to the attending doctor who has ascertained the patient’s lack of capacity to decide for his or her own medical treatment.

Those of you not familiar with the latest on Living Wills now have at least a basic understanding. But there’s more to come.

After the document is drawn up, a coherent patient may choose to revoke the directive either by written or verbal notification of the cancellation to the “health care surrogate”, attending physician, and other members of the health care team. Just by saying so, the patient has the right and power to change his or her mind any time and for no apparent reason.

How A Living Will Works

In agreement with the conditions of an Advanced Directive, life-support measures may be withdrawn or withheld if the patient: is permanently comatose or in a terminal state, as diagnosed by an attending physician and verified by another qualified doctor; or has a grave and irreversible disease, of which the likely associated risks of the treatment to be withdrawn/withheld may be rationally estimated to prevail over the probable benefits.

With regard to the medical intervention, a person may refuse to receive any if the treatment: is experimental and not yet proven to be effective; is likely to delay an imminent death; or is likely to be unsuccessful in extending life. In addition, the attending physician is permitted by law to give out a “Do-Not-Resuscitate” (DNR) order in conjunction with a patient’s living will.

The law also compels the doctor to make confirmatory inquiry with regard to the existence of a living will. In other words, he or she is required to initiate the query and to make a note of it in the patient’s medical records. Health care institutions such as hospitals, nursing homes and hospices are also commanded by law to adopt certain policies regarding the application of advance directives. It is also their responsibility to provide suitable informational materials about the subject.

The New Jersey law expressly declares that living wills should not be construed to impair the responsibilities of health care providers to provide for the comfort and care of the patient and to relieve pain or suffering, in line with the time-honored nursing and medical standards.

New Jersey living wills are therefore valuable tools in ensuring that a person actually gets his wishes granted ? with regard to medical treatment.

Also, such legal documents saves the immediate families and health care institution from the burden of deciding for incapacitated patients.

When word gets around about your command of Living Wills facts, others who need to know about Living Wills will start to actively seek you out.

About the Author
By Anders Eriksson, feel free to visit his soon to be top ranked Perpetual20 affiliate site: Perpetual 20

Ohio Living Wills And Other Advance Directives

Tuesday, June 14th, 2011

In general, an advance directive is a term referring to a person’s written and verbal commands and wishes about future medical treatment. It usually takes effect when an individual becomes incapable of speech and rational decision-making. Every state regulates the use of such legally binding instructions in a different way.

Ohio living wills and other advance directives are also standardized under the policies and laws of the state concerning the drafting of the legal documents. Needless to say, these policies are only applicable to Ohio residents.

Aside from living wills, there are several other types of advance directives that are available in the state of Ohio. These legally binding documents include power of attorney for healthcare, organ and/or tissue donation, and the “do-not-resuscitate” (DNR) law.

Living wills and other advance directives give you a chance to express your wishes about medical treatment in case you become unconscious or too ill to speak for yourself. However, for as long as you’re able and coherent enough to convey your decisions regarding health care, your advance directives will not take effect. Accordingly, you can refuse or accept any medication and/or procedure in the usual manner.

Both state and federal laws regulate the application of living wills and advance directives. The law of the federation, specifically the Patient Self-Determination Act, commands health care providers that accept Medicare and Medicaid funds to notify patients regarding their rights to carry out advance directives. All of the fifty states, including the District of Columbia, have laws that recognize the use of such legal documents.

Read on to better understand what living wills and other advance directives are all about.

Living Will

It is a form of advance directive in which a person puts his or her health care wishes in writing. The legally binding document will only take effect once the patient becomes incapacitated by a terminal illness or a persistent vegetative condition. However, the attending physicians must first formulate a reliable diagnosis before the contents of the living will could be lawfully implemented.

You may not consider everything you just read to be crucial information about Living Wills. But don’t be surprised if you find yourself recalling and using this very information in the next few days.

Power of Attorney

This advance directive allows a patient to appoint somebody to make health care decisions for him or her in the event of a debilitating illness or severe trauma. The power of attorney is different from a living will in the sense that it authorizes an advocate to decide for the patient in situations wherein the ability to communicate is absent.

Organ and/or Tissue Donation

This is a choice given to anyone who wants to donate his or her organ/tissues after passing away. By declaring this decision ahead of time, the dead person’s wishes may be executed right away. This relieves the immediate family of the duty to decide for their loved one.

Do-Not-Resuscitate (DNR) Law

This advance directive provides a person with the option of refusing resuscitation in case of a respiratory or cardiac arrest. By signing up for this program, the patient will be given the choice to pass away devoid of any “heroic measures”.

On the other hand, the health care institution will be furnished with lawful means to acknowledge those wishes. If you prefer to kick the bucket in this manner, then you must first register with a medical practitioner and have suitable forms of Do-Not-Resuscitate identification.

You actually have a lot of choices on the subject of health care decision-making. So don’t leave yourself in the dark when it comes to Ohio living wills and other advance directives.

As your knowledge about Living Wills continues to grow, you will begin to see how Living Wills fits into the overall scheme of things. Knowing how something relates to the rest of the world is important too.

About the Author
By Anders Eriksson, proud owner of this top ranked web hosting reseller site: GVO

Living Wills: Putting Your Refusal Into Writing

Sunday, June 12th, 2011

The current medical advances have made it possible for health care providers to artificially prolong life. To some people, the notion of hooking their loved ones to a life support system may be not be agreeable especially if there is no definite chance of recovery from the debilitating condition.

However, a lot of folks strongly believe in the inviolability of life. And unless the patient himself or herself wills the termination of life-prolonging measures, no one has the right to pull the plug. Then again, the only way that this would happen is through the use of living wills.

You may not initially welcome the concept of living wills. But as you try to weigh the pros and cons, you will begin to realize that it is not a bad idea after all. A great deal of planning and preparation is your best option if you want your hospital care to turn out the way you want to ? even if it involves pulling the plug for all forms of artificial life support. In addition, putting your wishes into writing is the right path to take in this particular situation.

Possible Reasons For Refusal of Treatment

There may be a million of different reasons why people would want to refuse medical treatment. Then again, most of these rationales may be placed under two broad categories. The first one basically involves the overall benefit of the medical intervention. If the advantage of a particular medication or procedure is not huge enough to substantiate the associated discomfort and risk, then the patient may decide not to receive such measures.

The more authentic information about Living Wills you know, the more likely people are to consider you a Living Wills expert. Read on for even more Living Wills facts that you can share.

Even though most folks would be willing to undergo a number of risky and unpleasant treatments in order to live longer, this statistics should not be viewed as the basis for the medical care of all patients ? particularly those that do not have living wills. Some people actually prefer a shorter and more comfortable life, especially if the quality is significantly compromised.

The second probable reason for the refusal of medical treatment would be the existence of intolerable circumstances. In spite of the simplicity and tolerability of a particular life-sustaining intervention ? such as a nasogastric tube (NGT) feeding, some may say no to it in the presence of an irreversible condition like a persistent vegetative state.

When viewed in this light, the life-prolonging measures may be met with completely atypical decisions. The treatment would then be perceived to lengthen the period of suffering, for both the patient and immediate family.

Even though some decisions fall effortlessly under one of the two broad categories, others just would not fit below any. Based on the circumstances present, the term “medical treatment” may involve the use of ventilation tubes (inserted into the chest or neck), the administration of antibiotics or any drug with a high probability of success. Benefit/burden decision-making in these situations could bring about different choices.

If you want certain treatments to be withheld when you’re no longer able to decide for yourself, you should specify them in your living will. Numerous health care declarations or living wills contain instructions intended for doctors to deny the provision of “life-sustaining treatments” or “extraordinary care”.

These directives are often difficult to interpret correctly and are less likely to be followed than those that are more detailed.

Don’t limit yourself by refusing to learn the details about Living Wills. The more you know, the easier it will be to focus on what’s important.

About the Author
By Anders Eriksson, feel free to visit his soon to be top ranked Perpetual20 affiliate site: Perpetual 20

Living Wills And How They Work

Friday, June 10th, 2011

When you think about Living Wills, what do you think of first? Which aspects of Living Wills are important, which are essential, and which ones can you take or leave? You be the judge.

The concept of living wills may not be very clear to a number of people. Some may even equate it with the “last will and testament”, which is a totally different type of legal document. In point of fact, a living will is more analogous to a “power of attorney”.

Its primary purpose is to make it possible for you ? the maker or owner ? to formulate decisions in advance with regard to medical treatment or life support, and lawfully command the health care team to carry out your wishes in that regard.

Because of the presence of numerous advances in the field of medicine and health care, doctors are now capable of sustaining life ? even if it means being in a permanently vegetative condition. This is one of the reasons why living wills have become such a necessity.

Not all people actually like the idea of remaining in an almost lifeless state for an indefinite period of time. More often than not, the notion of extending life even when death is just round the corner seems excruciating for both the family and the patient. It’s like one way of prolonging the suffering.

A living will makes it possible for you to decide whether life-sustaining measures and medical treatment should be continued or withheld. The directive may also include the refusal to take artificial feeding. Aside from that, you may even express other specific wishes before you become incapacitated to make decisions for your health care.

In order for the living will to be legally binding, the appropriate form must be utilized and it must be accomplished in conformity with the state laws on the subject of living wills. A number of states require the presence and signatures of two valid witnesses, the attendance of a Notary Public, or both.

You can see that there’s practical value in learning more about Living Wills. Can you think of ways to apply what’s been covered so far?

In case the living will form necessitates the appointment of a patient advocate, he or she must not be any of the two witnesses. Your advocate should carry the burden of deciding for your health care and medical treatment in the unfortunate event of your incapacity to make the decision for yourself.

This person is also known as a health care representative. He or she may be a spouse, a daughter or son, a family member, a friend, or any significant person that you absolutely trust.

In essence, a living will becomes effective when the creator is no longer capable of making decisions with regard to medical treatment. It may be in the face of a terminal illness, permanent unconsciousness or coma, inability to communicate, mental incapacity, or vegetative condition.

In the event of any of these situations, the health care provider ? a hospital, a hospice, or a nursing home ? must be provided with a copy of the advance directive. The instructions contained within the legal document will serve as the basis for the continuation or withdrawal of medical treatment and other life-sustaining procedures.

The health care team, specifically the attending physicians, is legally bound to follow the directives indicated on a living will. However, although it is considered a legal document, the maker may revoke or change the contents of the will provided that it is carried out prior to becoming debilitated.

On top of that, the proper procedures for the revocation of living wills should be followed to make the act official.

About the Author
By Anders Eriksson, proud owner of this top ranked web hosting reseller site: GVO

The Advantages Of Living Wills And Living Trusts

Saturday, June 4th, 2011

Planning for the future basically involves a number of benefits. For one, it prepares you and your family for the inevitable. Aside from that, it allows you to formulate your decisions level-headedly.

Then again, it is not unlikely for the task to become too emotionally charged at times, which makes it all the more fitting to get it done with a sound mind. But before you proceed with putting things in order ahead of time, it would certainly be a good idea to be familiar with the advantages of living wills and living trusts.

Living Wills

A living will contains instructions concerning your health care preferences in black and white. Your immediate family members, as well as your health care provider, will refer to these directives if you’re incapable of making or expressing your decisions about medical treatment. Anyone who has reached the legal age of 18 ? or 19, in certain states ? may draw up his or her own living will, provided that he or she is also of sound mind.

The biggest advantage of making a living will is that it allows you to voice out your preferences on the subject of life support measures and other medical treatment options. Even though your family and friends may not hold the same philosophy about the matter, the creation of such a legal document gives you an opportunity to confer with them and explain your choices.

You also get the chance to justify how your morals and values influenced your decisions. This furnishes them with a better insight into what you would ultimately want to come about in such difficult situations.

Without a living will, your immediate family members could face the possibility of paying large hospital bills. Aside from that, your savings account could also be used up to the point of bankruptcy.

See how much you can learn about Living Wills when you take a little time to read a well-researched article? Don’t miss out on the rest of this great information.

So, in a way, the creation of a living will makes it possible for you to safeguard your family from the additional burden of searching for financial resources to pay for your hospital confinement and medical treatment ? provided that the chances of recovering from your condition are very slim.

On top of the financial encumbrance, living wills also take away the likelihood of disagreements when trying to reach a consensus about your medical treatment. So instead of fighting against each other to determine what’s best for you, your family can concentrate more on accepting the inevitability of death.

Living Trusts

A living trust is a legally binding arrangement that places all your assets in a trust. More often than not, the grantor or creator also serves as the trustee. Although, you may also appoint another person or institution to act as one in case you lose interest in the duty or become incapacitated to fulfill your obligations.

Speaking of its advantages, a living trust allows you to manage your properties for the purpose of generating profits for your beneficiaries. In addition, it makes it possible for you to conserve or look after your assets’ growth.

Another obvious advantages of living trusts are the probability of reducing estate taxes and controlling the administration or use of the assets long after the grantor has departed from the world of the living. These legal documents also offer protection for the beneficiaries against creditors.

The advantages of living wills and living trusts are indeed numerous. So before its too late, safeguard yourself and your family from the harsh reality of the inevitable and from the fact that things could turn out real bad without proper planning.

Take time to consider the points presented above. What you learn may help you overcome your hesitation to take action.

About the Author
By Anders Eriksson, feel free to visit his soon to be top ranked Perpetual20 affiliate site: Perpetual 20

Facing The Difficult Task Of Making Living Wills

Thursday, June 2nd, 2011

Preparing living wills is not an idea that is readily welcomed by a lot of people. In fact, most folks would even dread facing this task. However, there is something that could somehow alleviate the unpleasantness in the whole situation.

It usually comes in the form of a living will kit, which can provide guidance and assistance in the drafting of a living will minus the distasteful feeling of admitting the possibility of becoming ill to the point of incapacity.

A living will, which is also called an “advance directive”, is actually a legal document that declares a person’s preferences regarding long-term medical care at the time when he or she is no longer capable of autonomous decision-making. Living wills also come in two varieties: general and statutory.

The general living will asserts a personal wish without being consistent with any accepted standard. In contrast, the statutory will is a lawful form that coincides with the requirements of a particular state law concerning living wills.

Because of the legal implications of making a living will, it is highly recommended to draw up one while you’re still well and healthy. A lot of web sites on the Internet in fact offer information about this matter. You may even download free templates for living wills if you want to perform a run through. Just make sure that you seek for professional advice when you actually draft the final one.

The Basic Prerequisites

Since a living will is also considered a personal document, the contents may vary on a case-to-case basis. However, there are essential prerequisites that render it legal.

* Legal competence of the maker/owner of the living will should be established.

If you find yourself confused by what you’ve read to this point, don’t despair. Everything should be crystal clear by the time you finish.

* The document should be signed by the maker/owner and two authenticate witnesses. In case the owner/maker is incapable to sign, he or she may ask a representative to do so. The witnesses should also be of legal age (18 years old and over). Also, the representative should not be any of the two observers.

* The date should be indicated and notarization must be done, if the state requires it.

* The directives contained in the living will should be consistent with the laws of a particular state. In general, they should relate to cases wherein the owner/maker has been diagnosed of a terminal disease, or has been comatose for a period that’s long enough to be considered permanent and any medical intervention would only function to maintain or prolong the current vegetative state.

As much as possible, you should tell your family or closest friends about your living will. You may even assign somebody to act or make decisions on your behalf in case you become incapacitated.

In addition, copies of the living will should be given to the owner/maker’s family members, the attending physician, the hospital/nursing home, and other persons involved in the medical care. A duplicate may also be submitted to a living will registry that will take care of the necessary distribution for a certain fee.

Living wills may also be changed or modified. In case you ever decide to make necessary changes, you should notify and furnish copies to all the recipients of your previous living will. Aside from that, all copies of the former document should be consequently destroyed.

The preparation of living wills is a naturally emotional matter. Even a calm and sensible person may find it difficult to fully concentrate on the task.

That is why it is important to get all the possible assistance ? both professionally and emotionally ? when drafting a legal document such as this one.

Those who only know one or two facts about Living Wills can be confused by misleading information. The best way to help those who are misled is to gently correct them with the truths you’re learning here.

About the Author
By Anders Eriksson, feel free to visit his soon to be top ranked Perpetual20 affiliate site: Perpetual 20

Massachusetts Living Wills 101

Monday, May 30th, 2011

Living wills notifies others about the medical treatment you wish to receive or refuse if you become terminally ill or permanently comatose and incapable of communicating your decisions. Duly ratified state laws regulate all living wills in the United States ? except New York, Michigan and Massachusetts living wills.

These statutes aim to safeguard a person’s right to say no to medical interventions. In most states, these documents are legally binding and can assure that an attending physician who implements patient’s wishes will be free from any liability.

What is a Living Will?

A living will is a written document that is legally binding and would take effect only when the creator becomes incapacitated to make autonomous and informed decisions about his or her medical care. If you decide to make one, you can specifically express your wishes with regard to what types of treatment you want to receive or decline.

A lot of people prefer to steer clear of life-sustaining interventions that only function in prolonging life without improving its quality. They can definitely make their objections clear by writing a living will. On the other hand, individuals who want to express their preference to receive all types of medical treatment ? to sustain life and consequently delay death ? may do so through this legal document.

The instructions ? or advanced directives ? contained in a living will are typically designed to take effect if you fall into any of the following circumstances:

1) terminal illness

You may not consider everything you just read to be crucial information about Living Wills. But don’t be surprised if you find yourself recalling and using this very information in the next few days.

2) persistent vegetative state (PVS) or permanent coma

3) conscious yet with permanent brain damage and will in no way recover the capacity to make autonomous decisions and/or convey your wishes

In the creation of a living will, the common law states that for as long as the person is competent to determine for himself/herself, he or she possesses the right of self-determination. It basically means that only the person can decide what type of treatment will be done unto him or her. Integrated into the right of self-determination is the right to accept/decline medical intervention.

Courts all over the country have maintained that the advance directives or living will drawn up by an able individual should be respected even when he or she is no longer considered competent. In 1990, the Supreme Court released a definition of what a “competent person” really is. According to the statement, he or she has the autonomy to refuse treatment under the constitution’s due process clause.

Although it is common to see advanced directives that attempt to cover a wide range of situations, it is still a better idea to express your health care wishes specifically. You may even spell the words out in the document or plan a small discussion with your health care team about the matter.

The substantiation of both written and verbal proof aids in ensuring that your wishes will actually be carried out. Some examples of common interventions that you should deal with include artificial hydration and nutrition, cardiac resuscitation, mechanical ventilation, pain medications, antibiotics, etc.

Massachusetts living wills possess the same features as that of a standard living will. However, due to the lack of state laws that govern the creation of application of this legal document, certain features may be absent.

Then again, what matters the most is not the add-ons but the typical functions and benefits they offer.

About the Author
By Anders Eriksson, feel free to visit his soon to be top ranked Perpetual20 affiliate site: Perpetual 20