Archive for the ‘Living Wills’ Category

Differentiating A Living Will And A Living Trust

Friday, August 13th, 2010

The two terms living will and living trust may seem a bit vague. Oftentimes, people may even use them interchangeably. However, you have to understand that a living will is certainly different from a living trust. Although both may share a number of similar characteristics, you have to know their exact definitions for you to be able to fully utilize them to your advantage.

Living Will

It is a legal document that states your wishes regarding health care decisions in the event of an unfortunate occurrence such as a terminal illness or a permanent vegetative state. This form of advanced directive will only take effect once you have shown evidence of incapacity to participate in the decision-making process with regard to your medical treatment.

Basically, the policies that govern the making and application of living wills are based on state laws concerning the matter. The statutes may hold differing views from one state to another. So be sure to follow state-specific procedures to avoid conflicts since this is, after all, a lawful document.

Other states may not have particular laws pertaining to living wills. Then again, you may take advantage of the option to appoint a health care surrogate in case you become too ill to participate in making health care decisions for yourself. As the name implies, your surrogate will act and decide on your behalf under the mentioned circumstances.

Living Trust

In essence, a living trust is a written lawful document that partly takes the place of a will. It allows you to place all your assets (i.e. residential properties, bank accounts, or stock shares) in a trust to be administered to your advantage for as long as you live. In the unfortunate event of your death, all your properties will be transferred under the names of your beneficiaries.

If you base what you do on inaccurate information, you might be unpleasantly surprised by the consequences. Make sure you get the whole Living Wills story from informed sources.

Most people opt to appoint themselves as the trustee in command of supervising all the assets of the trust. In this fashion, you can still be in control of your properties even though they’ve already been put into a trust. On the other hand, you may also assign a successor trustee ? either an institution or a person ? to administer the trust’s assets in case you become unwilling or incapable of performing your duties.

So basically a living trust guarantees that your assets will be handled according to your preferences ? that is if you become incapable of managing them yourself. In setting one up, you may initially want to serve as its trustee. However, it would be best if you also select a successor trustee while you’re still of sound mind to make the decision.

The trustee may take over the management of all your assets under the mentioned circumstances. And in case you pass away, the successor trustee you have appointed will act similarly to an executor of a will.

The usual functions will include gathering your assets; paying any remaining debts, taxes and claims; and distributing your properties according to your orders. Then again, unlike a will, all of these tasks may be carried out without court approval or supervision.

In comparison to a living will, a living trust is not normally considered a top priority and not everyone would benefit a great deal from it. For instance, a young couple without kids and noteworthy assets do not require the creation of a living trust. People with uncomplicated estate plans may not gain much from it too.

On the other hand, wealthy individuals who prefer court supervision for the management of their estate should steer clear from living trusts.

So you see, a living will and a living trust definitely differ in a lot of ways. The first is usually appropriate for almost anyone, while the latter is typically viewed in a case-to-case basis.

This article’s coverage of the information is as complete as it can be today. But you should always leave open the possibility that future research could uncover new facts.

About the Author
By Anders Eriksson, feel free to visit his new GVO affiliate site: GVO

Knowing The Pros And Cons Of Living Wills

Saturday, July 10th, 2010

When you’re learning about something new, it’s easy to feel overwhelmed by the sheer amount of relevant information available. This informative article should help you focus on the central points.

A living will, in essence, outlines the type of medical care you wish to include or exclude in the event that you become too ill to actually make an autonomous and informed decision. The directives may consist of your desire not to be given cardiopulmonary resuscitation in case of a cardiac or respiratory arrest.

You may even indicate your request not to receive tube feeding. Then again, it would be a good idea to be informed of the pros and cons of living wills prior to actually drafting one.

Pros Of Living Wills

Since living wills are considered to be legal documents, they need to be signed in the attendance of witnesses. Some states in the U.S. even require the presence of a Notary Public during the signing session. The very obvious importance of making a living will lies in the fact that this legally binding piece of document sheds light on what you ? as the patient ? want to happen in case something bad occurs and you become too unwell to the point of incapacity.

The phrasing in a living will, however, is meant to be rather vague so as to encompass a wide array of circumstances. In spite of this degree of ambiguity, you would be surprised to know how difficult the situation would be if you did not have one. Needless to say, the apparent beneficiary of this legal document is none other than you ? the owner/maker.

In the nonexistence of a living will, some states necessitate the appointment of a patient advocate ? someone who would essentially perform the decision-making in behalf of the patient. This individual, also known as the surrogate, may be a spouse, a family member, or a significant and trusted person.

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 situation may be a bit different if you have previously drafted your own living will. The indecisiveness in the air during family visits may be assuaged due to the fact that you have already summarized your wishes concerning life support and other health care measures.

In addition, it is never too early to make a living will. For as long as you have reached a legal age and have established the mental capacity to draw out one, then you can go ahead and specify your wishes for the health care provider to follow. Always remember the inevitability and unpredictability of life. It is definitely better to be geared up than to endure the consequences.

Cons Of Living Wills

The cons of living wills involve a certain number of limitations and conflicts. For instance, the vague use of terms may often lead to differing interpretations. You may perceive the directive of “no heroic measures” to encompass artificial nutrition, while a doctor may not view the phrase in that same light.

In addition, living wills only become active when a person is diagnosed of a terminal illness, or when he or she has become incapacitated. Accordingly, physicians may dispute about whether or not a patient’s condition falls under any of these valid categories.

Without the required diagnosis, the individual may continue to receive medical treatment that would have been in contrast to the directive if it were to take effect. That is why a lot of people opt to be more specific in the use of words for their living wills.

The pros and cons of living wills should always be taken into account when making one. Remember that you will only be able to improve the draft after you have considered the negative aspects of the situation, as well as the possible ambiguities in the document.

About the Author
By Anders Eriksson, feel free to visit this new site for my swedish customers: Billigt Webbhotell – from SEK 10:- per month!

Massachusetts Living Wills 101

Wednesday, July 7th, 2010

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

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

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 this new site for my swedish customers: Billigt Webbhotell – from SEK 10:- per month!

Living Wills: Putting Your Refusal Into Writing

Sunday, May 16th, 2010

The only way to keep up with the latest about Living Wills is to constantly stay on the lookout for new information. If you read everything you find about Living Wills, it won’t take long for you to become an influential authority.

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 information about Living Wills presented here will do one of two things: either it will reinforce what you know about Living Wills or it will teach you something new. Both are good outcomes.

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.

About the Author
By Anders Eriksson, who just launched this great product..
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Take Your Pick: Living Wills Or Living Trusts

Sunday, May 2nd, 2010

The best course of action to take sometimes isn’t clear until you’ve listed and considered your alternatives. The following paragraphs should help clue you in to what the experts think is significant.

Nobody can really tell what the future holds. Because of this fact, a lot of people have taken measures to make sure that things will turn out as smoothly as possible.

If you want to jump right onto the same bandwagon, then you better be equipped with the right knowledge prior to making that decision. Living wills or living trusts can provide you with that much-needed preparation but you certainly need to learn about these legal documents before you could actually take your pick.

Living Wills Vs. Living Trusts

If you want to know which legal document is more appropriate for you, you first need to find out the coverage of living wills or living trusts. Since they’re both legally binding, every adult person should almost certainly know how each could be of assistance to them in the future. In order to properly pick your choice, you have to know their differences.

A living will is a legal document that discloses a person’s wishes concerning health care. Its contents will only be effective once the maker falls into an incapacitated state wherein he or she is no longer capable of conveying his or her decisions.

The directives contained within it usually indicate one’s desires not to receive treatment or be kept alive by means of artificial life support measures.

Once you’re in an incapacitated condition, your family will have to make all the health care decisions for you. Aside from that, they will have to put up with the financial burden of your hospitalization. By restricting medical treatment, a living will could keep a tight rein on hospital expenses that could use up or even totally exhaust all your family’s remaining funds.

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.

On the other hand, a living trust ? also known as inter vivos trust ? is a legally binding document that is drawn up for the purpose of controlling ownership to a person’s assets in his or her entire lifetime, and for allocating those properties after death.

The creator or the grantor may also appoint a trustee who will implement the terms indicated in the living trust in case he or she becomes incapacitated or unwilling to perform the duty.

In comparison to a will, the grantor does not necessarily have to pass away for the living trust to take effect. As the name implies, this legal document is effective during the creator’s lifetime.

A living trust however is only recommended for people who own a considerable amount of assets and finances. In other words, the necessity to create one is largely dependent on your circumstances, financially speaking.

If still haven’t decided which type of legal to choose, you might as well pick both for as long as the two are applicable to your needs and circumstances.

The obvious similarity is in the financial aspect. Living wills make it possible for you to save your family from all the trouble of paying for enormous hospital bills, provided that your medical condition appears to be beyond any possibility of recovery. On the other hand, living trusts lay emphasis on the need to properly manage your assets according to your preferences.

On the whole, living wills or living trusts make it possible for you to put things in order while you still can. Also, both legal documents allow you to prepare for the inevitable and the unknown.

You can’t predict when knowing something extra about Living Wills will come in handy. If you learned anything new about Living Wills in this article, you should file the article where you can find it again.

About the Author
By Anders Eriksson, who just launched this great product..
- Do you want to make Your PDF files viral? Use This Secret Viral PDF Rebrander: Viral PDF

Living Will Forms And How They Work

Friday, April 16th, 2010

Making an advance directive should be viewed as more than just filling out the correct living will forms. The amount of time you spend mulling over the type of care you want ? or do not want ? and talking about your wishes with your family and friends is definitely more important than merely writing check marks on appropriate boxes.

The written document is without a doubt an excellent way to remember and keep a note of your health care preferences. However, on no account can it substitute for the time spent in discussing those choices with your immediate family members and loved ones.

When you are mentally and emotionally ready to make a living will, keep in mind that every state has a different law ? and at times, a unique form ? with regard to this type of advance directive.

Although it is typically not obligatory to seek for the help of a lawyer when preparing such legal document, you may want to consider consulting one if you have any particular concerns about the matter. You may also confer with an attorney in case the various living will forms you have procured do not suit your needs.

The contents of the living will form is also as important as procuring the proper form. So give your health care decisions a considerable amount of thought before putting them on paper. Nonetheless, you can always change or add more specific instructions anytime you want to.

After the completion of a duly signed and dated living will form, think about enlisting it with the U.S. Living Will Registry. In this way, your medical treatment choices will be accessible to your family and your health care provider whenever and wherever considered necessary.

Sometimes the most important aspects of a subject are not immediately obvious. Keep reading to get the complete picture.

By nature, a living will form is filled out ahead of the precise time it will be needed by its creator. Preparing in advance, however, can lead to two possible problems: looking for a safe but accessible storage space for the document, and making certain that it still mirrors your wishes even if it has been stored for 15 years or so.

The possible problems indicate the necessity for a central storage area that can provide fast and easy access to living wills. Needless to say, it has to maintain both confidentiality and privacy.

Common Sources of Living Will Forms

The most obvious place to look for living will forms would be at your local hospital. The United States federal law commands all health care facilities to provide advance directives information to residents in their communities ? including information regarding state-specific statutes. You may get hold of a living will form by getting in touch with the Social Service Department or Patient Representative of the hospital.

If you prefer to conduct your search online, then try visiting the web site of the American Bar Association. The site can provide you with much-needed information about living wills and a long list of excellent resources.

You may also go traditional by seeking advice from an attorney. Private legal firms that deal with advance directives can usually furnish you the proper living will forms.

Then again, doing so would require you to shell out some cash. If you don’t that at all, then this would be an excellent way to make a living will.

That’s the latest from the Living Wills authorities. Once you’re familiar with these ideas, you’ll be ready to move to the next level.

About the Author
Have you downloaded Anders’ latest information for adsense publishers yet? Download these new fresh sites from this all new website, called Adsense Ready Sites

The Ultimate Guide In Making A Louisiana Living Will

Thursday, April 8th, 2010

When most people think of Living Wills, what comes to mind is usually basic information that’s not particularly interesting or beneficial. But there’s a lot more to Living Wills than just the basics.

The Louisiana living will ? also known as the Louisiana Declaration ? makes it possible for you to assert your wishes about medical treatment in the ill-fated event that you become irreversibly comatose or terminally sick and can no longer participate in the making of your own health care decisions.

This legal document only becomes effective once the continual application of life support measures have been proven to merely put off an imminent death.

Of course, your attending physician and another doctor must first make a fitting diagnosis about your medical condition. On top of that, they must officially state in writing that your current health status is indeed beyond any possibility of recovery.

The declaration also lets you assign another person to act as your health care advocate. He or she will make the necessary decisions with regard to treatment in case your medical condition forbids you from deciding for your own care or expressing your wishes.

In Louisiana, the State Secretary is obliged to set up a Declaration registry where citizens may enlist the original and certified true copy of their living wills. Doctors and other pertinent members of the health care facility may, but is not expected to, ask for a verification of document authenticity from the registry of Louisiana living wills.

Things You Should Do After Filling Out The Forms

1) Store the original copy of your Louisiana living will in a secure yet accessible location. Steer clear of security boxes (i.e. safe deposit box) since gaining access to the document might become a problem in the future.

I trust that what you’ve read so far has been informative. The following section should go a long way toward clearing up any uncertainty that may remain.

2) Make copies of the duly signed document and hand them over to your health care surrogate, immediate family members, close friends, and health care provider. More often than not, a copy of the living will is placed in the medical records so that members of the health team would know of its existence.

3) Be sure to speak with your health care surrogate, doctor(s), family and close friends about your preferences with regard to medical treatment. Talk about your health care wishes and the factors that helped shape them.

4) In case you want to change certain instructions in your living will, or perhaps you wish to add something, you have to fill out a new document for that.

5) Keep in mind that you have the right to revoke your Louisiana living will at any time.

6) Understand that the Louisiana Declaration will not take effect in emergency situations. The personnel of an ambulance are duty-bound to provide CPR (cardiopulmonary resuscitation), unless they are furnished with a separate order that indicates otherwise. This special order ? also known as “non-hospital DNR order” ? is intended for individuals whose ill health presents a very slim likelihood of benefiting from the life-saving procedure.

In addition, the order must hold the signature of the person’s attending physician. An instruction to withhold CPR in the event of a cardiac or respiratory arrest is also contained in the order. At present, not all states have statutes that authorize “non-hospital DNR orders”.

Certain conditions, however, must be satisfied in order for a Louisiana living will to be regarded as legally binding. For instance, with regard to age, you need to be at least 18 years old to be qualified to draw up your own living will.

Aside from that, you need to be of sound mind when making this legal document.

Sometimes it’s tough to sort out all the details related to this subject, but I’m positive you’ll have no trouble making sense of the information presented above.

About the Author
Have you visited Anders’ latest site for adsense publishers? Download new fresh sites in this all new site, called Adsense Ready Websites

All About New Jersey Living Wills

Wednesday, March 31st, 2010

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.

If your Living Wills facts are out-of-date, how will that affect your actions and decisions? Make certain you don’t let important Living Wills information slip by you.

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.

About the Author
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Living Wills: How To Plan For The Future

Friday, September 18th, 2009

Are you looking for some inside information on Living Wills? Here’s an up-to-date report from Living Wills experts who should know.

Illness, severe injury and death are delicate subjects that are not easy to talk about. The main thing though is that by preparing in advance you can make sure that you receive the kind ? or extent ? of medical treatment you want.

If you want to take full advantage of the benefits of living wills, you should at least have a serious talk with your family, your close friends and your doctor. The most excellent approach would be to discuss these matters in a reassuring and factual manner.

The important conversation should include your philosophy about health care and the things you would want done in certain situations. In case your wishes are faced with intense moral opposition from your immediate family and/or friends, you may consider selecting or appointing someone more in line with your point of view as your health care surrogate. In this way, you will be assured that your surrogate will make decisions that are in accordance with your beliefs.

On the other hand, if you want to speak to your family or friends with the proposition that they also create a living will, be sure to prepare a good explanation to back it all up. You should put in plain words the importance of planning ahead and how these documents could be of assistance in very bad situations.

Without living wills, families could be torn apart and wrecked emotionally while trying to reach a consensus about what would be best for their seriously ill loved one. If this possibility seems unbearable for you to picture out, then make your mind up about whether to create a living will or not. You can never tell what will happen to you a year from now, next month, or perhaps tomorrow. So you might as well be safe than sorry for not making the right choice as early as possible.

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?

Taking Care of the Paperwork

Since these documents are supposed to be legally binding, make sure that everything is put in writing. Every state has its own set of policies regarding this matter. The law in one state, concerning living wills, may not be consistent with that of another state.

You can get hold of the proper forms through your doctor or your health care provider. You can also visit various sites on the Internet to procure state-specific forms, complete with instructions on how you should properly fill them out. In addition, a variety of organizations ? such as the National Hospital and Palliative Care Organization ? also offers appropriate living will forms that are free of charge.

Then again, if you don’t mind shelling out some cash, you may seek advice from an attorney about this matter. This can be a wise move, especially if you have plans of transferring to another state ? with a different set of rules concerning such legal documents.

Once you have completed the proper forms, hand copies of the living will to your immediate family members, friends, and family doctor. If you have appointed your own health care surrogate, don’t forget furnish him or her with a copy as well.

On no account should living wills be stashed in a safe deposit box. Doing so will only make it harder for your loved ones to get hold of the document when the need arises.

Is there really any information about Living Wills that is nonessential? We all see things from different angles, so something relatively insignificant to one may be crucial to another.

About the Author
By Anders Eriksson, feel free to visit my latest venture: GVO to claim your $1 trial membership!

Living Wills: Your Right, Your Choice

Monday, July 20th, 2009

When most people think of Living Wills, what comes to mind is usually basic information that’s not particularly interesting or beneficial. But there’s a lot more to Living Wills than just the basics.

Every person has the right to self-determination especially on the subject of health care. This right encompasses the decision to refuse or accept a particular type of treatment, may it be as simple as an oral medication or as complicated as a surgical procedure.

An individual who is of sound mind and above 18 years of age is also entitled to plan and give directions concerning future medical care in the event of a serious infirmity or vegetative state. He or she may convey certain wishes through living wills.

A living will is a legal file that informs your immediate family and your doctors concerning your preferences about life-support measures. These specialized group of medical treatments could include artificial respirators and tube feeding ? all of which aim to prolong life with no definite hope of reinstating quality. The high-tech machines and gadgets may target and support specific organs in the body such as the lungs, kidneys, or the heart.

Normally, the orders stated in a living will becomes effective as soon as two qualified doctors ? one of whom should be the attending physician ? both concur in writing that the patient is either in a permanent/irreversible vegetative condition or close to death. Needless to say, it should be established that he or she is definitely incapable of expressing health care decisions.

In case you have a change of heart after completing a previous living will, you may effect the desired alterations in the legal document at any time. You may even call the whole thing off if you feel compelled to do so. Then again, you must follow certain procedures for the cancellation of a living will. State laws, with regard to living wills and advance directives, typically regulate this lawful action.

A completed and duly signed living will should be kept in a safe location where you and your immediate family can easily get hold of it. Therefore, storing this legal document in a secured deposit box is never a good idea.

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?

You should also inform your lawyer ? if you have one, as well as your next of kin, about the existence and whereabouts of your living will. In addition, your attending physician and health care provider should be notified and instructed in making the document a part of your permanent hospital records.

Living Will Vs. Power of Attorney

A living will is activated only when death is imminent or when a patient falls in a persistent vegetative condition and has lost all faculties of communication. It only handles the application or removal of life-support measures.

On the other hand, a durable power of attorney works in a different way. It basically goes into effect when a patient becomes incapacitated to make autonomous health care determinations. However, he or she does not have to be in a vegetative state or in a near-death condition.

The power of attorney also allows a surrogate to speak in behalf of the patient and to make the necessary health care decisions. But unlike a living will, the determinations are not restricted to life-prolonging treatments. The type and extent of decisions a surrogate can make essentially depends on your preferences.

It is not compulsory to have both a power of attorney and a living will. However, if you do decide to have both, you should make sure that they don’t clash. On top of that, you should view living wills as a right and not as a privilege given only to special people.

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By Anders Eriksson, still having the Free Adsense Sites for instant download