Living Wills

Living wills, advanced health-care directives or durable power of attorney for health-care are fairly new to estate planning. In essence, it's a directive to the people you select to carry out your medical treatment decisions if you're not able to do so for yourself. In most cases, you'll be permanently unconscious, in a coma or other state where you can't communicate your decisions. This document speaks for you through your health care proxy.

The living will expresses your general desires about using procedures to sustain your live or prolong the process of dying. It can also indicate how you feel about specific medical treatments. The language in the will should be specific and not general, ambiguous terms unless they're defined in your will.

Qualified Patients

Under various state laws, living wills apply in limited situations if you become a "qualified patient." To be determined a qualified patient, you must meet these guidelines:

• Medical prognosis of a terminal condition, permanently unconscious or persistent vegetative state
• Lacks capacity to make health-care decisions
• Not pregnant or not in certain stages of pregnancy

State Living Will Forms

States often allow the use of forms that contain the recommended or required contents for living wills. Some states allow the use of model living will forms and other states provide living will forms and require substantial compliance with the forms. If a person finds the provided will form to be too narrow or to exclude important issues, they may want to include additional directives.

Discuss Living Will with Your Physician

Discuss your living will with your health-care provider so they're educated about the various procedures and decisions you're making. You should also find out if that person is willing to carry out the provisions of the will you make or if they have certain religious, moral or ethical objections to them.

Your state may require your medical records to be included with the living will. Be sure to keep your living will in a safe place along with your other estate documents.

Formalities - Signature, Witnesses and Notarize

For your living will to be valid it must go through the same process as normal wills, including your signature, witnesses and any other statements showing sound mind. The witnesses shouldn't be related by blood or marriage and shouldn't be responsible for your health-care costs, benefit under your will or be a health-care provider. A living will may also need to be notarized.

You May Cancel or Change Your Living Will

Generally, living wills don't expire, but you may change it if your wishes change or laws change. You can cancel a will by destroying it or writing a cancellation notice stating that it's been cancelled.

Immunity for Health-Care Providers

Health-care providers are granted immunity if they follow the instructions in a living will. Their immunity can be from civil liability, criminal liability or findings of unprofessional behavior and conduct.

No Effect on Life and Health Insurance

Insurance companies don't negate life insurance policies when instructions from a living will have been put into motion. This isn't considered suicide since for the living will to be effective, you aren't able to make your own health care decisions.

Laws Distinguishing Withdrawal of Treatment from Suicide, Homicide and Euthanasia

State laws commonly include references to suicide, homicide and euthanasia and make it clear that a decision to refuse treatment is not considered a suicide and that cooperating with such a decision is not considered an assisted suicide or homicide.

Questions for Your Attorney

• Should everyone have a living will?
• How specific should I be about my health care wishes in my living will?
• What if the person changes their mind about putting into motion my wishes if I end up in a coma? What can I do to see that my wishes are followed?

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