Living Will Facts!
A Living Will is a legal document addressing only deathbed considerations; a client unilaterally declares his/her desire that life-prolonging measures be discontinued when there is no hope of ultimate recovery.
On the other hand, people use a Durable Power of Attorney for Health Care to appoint someone to make all healthcare decisions, limited by certain elections regarding deathbed issues.
The client must be at least 18 years old and mentally competent at the time he/she executes either document but incompetent to participate in the decision-making process when either is implemented. It is important to remember that both documents are only Click here to read the rest of this article ... Living Will - Why it's critical that you have one! A Living Will is a legal document that allows you to direct healthcare professionals to act on your behalf regarding life-sustaining intervention and treatment if you can no longer speak for yourself. A new survey finds that only 33% of Americans have a living will. Sixty-seven percent of Americans lack a living will, potentially leaving them with no control over whether they wish to receive life-sustaining medical treatment in the event they should become incapacitated or terminally ill. All fifty states have laws regarding the ability of patients to make Click here to read the rest of this article ... |
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Frequently Asked Questions About Wills, Living Wills and Powers of Attorney
WHAT DOES A WILL DO?
The simplest way to ensure that your funds, property and personal effects will be distributed after your death according to your wishes is to prepare a will. A will is a legal document designating the transfer of your property and assets after you die. Usually, wills can be written by any person over the age of 18 who is mentally capable, commonly stated as "being of sound mind and body."
WHO NEEDS A WILL?
Although wills are simple to Click here to read the rest of this article ... A Living Will is a legal document addressing only deathbed considerations; a client unilaterally declares his/her desire that life-prolonging measures be discontinued when there is no hope of ultimate recovery. On the other hand, people use a Durable Power of Attorney for Health Care to appoint someone to make all healthcare decisions, limited by certain elections regarding deathbed issues. The client must be at least 18 years old and mentally competent at the time he/she executes either document but incompetent to participate in the decision-making process when either is implemented. It is Click here to read the rest of this article ... According to information provided by http://www.plan-my-estate.com an an estate planning and asset protection resource web site, a living will, known in most states as a Directive to Physicians or Healthcare Directive, sets out your wishes about what extended medical treatment should be withheld or provided if you become unable to communicate those wishes. The directive creates a contract with the attending doctor. Once the doctor receives a properly signed and witnessed directive, he or she is under a duty either to honor its instructions or to make sure you are transferred to the care of another doctor who will. There is Click here to read the rest of this article ... |
Living Will Hot Tips: Living Will: Our Rights in Life!
Because Knowledge IS Power...
| Living Will: Our Rights in Life Everyone has basic rights to control the decisions about your medical care, including the decision to have extraordinary means or artificial nutrition or hydration withheld or withdrawn if your condition is terminal and incurable or if you are in a persistent vegetative state. You can determine your our state and not let others decide for you in the time of need. What happens if you are not competent or able to communicate this decision? You may decide ahead of time with a living will. If you do not have a living will, someone else may have to decide for you. Below are a few common questions regarding Living Wills. Is a Living Will the same thing as a Power of Attorney? No. A Power of Attorney is a legal document in which you name a specific person to act on your behalf. You can, however, write your treatment wishes (living will) down in your Power of Attorney document so that you can be sure your attorney is aware of them. A living basically will just address your treatment and personal care wishes and does not need to name anyone or be written in any specific way. Do I have to register my Power of Attorney or living will with the government? No. There is no requirement that these documents be registered with the government. The government does not keep a registry. It makes sense, however, to make sure that the people in your life who need to know about these documents, especially your attorney have a copy or know where to get one if needed. It also makes sense that your family members are aware of your living will. Do I have to use a lawyer to make my Powers of Attorney or living will? The law does not require you to use a lawyer’s services, but you may wish to consider this, especially if your affairs are complicated. However, it is always better to consult a lawyer in this sense. Can I change my mind after I write an advance directive? Yes, you may change or cancel an advance directive at any time. Any changes should be written, signed and dated. However, you can also change an advance directive by oral statement; physical destruction of the advance directive; or by writing a new advance directive. If your driver’s license or state identification card indicates you are an organ donor, but you no longer want this designation, contact the nearest driver’s license office to cancel the donor designation and a new license or card will be issued to you. There is no worry, you can change your advance directive anytime you wish. Example of a living will: ‘If at any time I should have an incurable and irreversible injury, disease, or illness judged to be a terminal condition by my attending physician who has personally examined me and has determined that my death is imminent except for death delaying procedures, I direct that such procedures which would only prolong the dying process be withheld or withdrawn, and that I be permitted to die naturally with only the administration of medication, sustenance, or the performance of any medical procedure deemed necessary by my attending physician to provide me with comfort care. In the absence of my ability to give directions regarding the use of such death delaying procedures, it is my intention that this declaration shall be honored by my family and physician as the final expression of my legal right to refuse medical or surgical treatment and accept the consequences from such refusal.’ As competent adults, we have the right to make decisions in advance as to whether or not we would like to decline life support when it is clear that death is imminent or a state of coma becomes permanent. Today, life support systems can keep an individual's body alive for years, even if the brain is no longer functioning or the person is in constant pain. Do we really want to live in this state? And for how long? These are the questions you must ask yourself, as well as your loved ones before you make a living will. HEALTHY LIVING FOR THOSE LESS WILLINGAmerica is preoccupied with the subject of weight - more specifically about too much of it being attached to our bodies due to the over-consumption of food, and too little exercise and rightfully so. Too many of us are saturated fat-eating, overweight, sedentary creatures, statistically speaking that is. This article however is not about obesity or the joys of exercise, this is by no means that profound. This is for those of us who know we are overweight, don't exercise and disinclined to do anything about it, translation, we're lazy. Summer is coming, the beach Click here to read the rest of this article ... People remember how sad they felt while Terri Schiavo withered away; as they watched the woman's family fight over what they thought she wanted. You Should Have A Living Will While Living Wills have existed for some time, they have become household words since the Schiavo case - the Florida woman who suffered severe brain damage in 1990 and became the centre of a legal and moral debate which culminated in her passing away on March 31, 13 days after her feeding tube had been removed. The controversy pitted Schiavo's parents, who wanted to keep their daughter alive, against Schiavo's husband, who said Click here to read the rest of this article ... |
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