i:forms/new living will
LIVING WILL OR
HEALTH CARE DIRECTIVE
Introduction:
As part of a person's right to self-determination, every adult may accept or refuse any
recommended medical treatment. This is relatively easy when people are well and can speak. Unfortunately, during
severe illness people are often unconscious or otherwise unable to communicate their wishes at the very time when
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many critical decisions need to be made
What is a Living Will?
A Living Will or Health Care Directive is a legal document that allows you to
state whether you want your dying artificially prolonged. This directive is used when the application of life-
sustaining treatment would only prolong the process of dying. The Health Care Directive may apply if you are
diagnosed, in writing, to be in a terminal condition by your attending physician, or if you are in a permanent
unconscious condition as certified by two physicians. If such a situation occurs and you have stated that you do not
wish any efforts be made to prolong your death, life sustaining procedures may be withheld or withdrawn and you
would be able to die naturally.
You may also want to state whether you wish artificially provided nutrition and hydration (liquids) to be
stopped under these circumstances. However, deciding to forego life sustaining measures does not mean all medical
care will stop. All efforts will be made to ensure your comfort.
The Law:
Generally most states specifically recognize the right of a competent adult to control all
decisions relating to his or her health, including decisions to have live-prolonging medical procedures withheld or
withdrawn. Any competent adult may make a Living Will directing the providing, withholding, or withdrawal of
life-prolonging procedures in the event such person suffers from a terminal condition. It generally must be signed in
the presence of two witnesses, one of whom is neither a spouse nor a blood relative of the principal.
INSTRUCTIONS FOR COMPLETING A LIVING WILL
The Living Will states your wishes regarding various types of medical treatment in several representative
situations so that your desires can be respected. It comes into effect only if you become incompetent (unable to
make decisions or to express your wishes), and you can change it at any time until then. As long as you are
competent, you should discuss your care directly with your physician. In addition to a Living Will you can also
appoint someone to make financial as well as medical decisions for you if you should become unable to make your
own; this is done by a Durable Power of Attorney. Finally, many people like to make a statement regarding their
wishes concerning organ donation. This can be done through an Organ Donation Statement.
The following pages contain a Living Will form on which you can record your own desires. Since such
wishes usually reflect personal, philosophical, and religious views, you may want to discuss the issues with your
family, friends, or religious mentor before completing the form.
Completing the Form. The short form Living Will merely expresses a basic medical condition. You
will be asked to indicate your wishes concerning possible medical interventions ranging from pain medications to
resuscitation. You can refuse a certain treatment or request that it definitely be used, should it be medically
appropriate. Alternatively, you can state that you are unsure about your preference for the treatment, or that you
would like it tried for a while, but discontinued if it does not result in definite improvement. This phase of
completing the Living Will is best done in discussion with your physician.