Category: Living Will Law
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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
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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
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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
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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
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Irreversible Condition, Artificial nutrition and hydration.
"Artificial nutrition and hydration" means the provision of nutrients or fluids by a tube inserted in a vein, under the skin in the subcutaneous tissues, or in the stomach (gastrointestinal tract).
" Irreversible condition" means a condition, injury, or illness:
1. That may be treated, but is Never Cured or eliminated;
2. That leaves a person Unable to Care for Oneself, or make decisions
3. That, without life-sustaining treatment provided in accordance with the Prevailing Standard of Medical Care, is fatal.
Many serious illnesses such as cancer, failure of major organs (kidney, heart, liver, or lung), and Serious Brain Disease
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