Randal B. Caldwell Wills and Probate Law Blog on Lawyers.com

Will an Iowa "living will" keep me off a machine?

Friday, December 9, 2011 by Randal B. Caldwell

Q. I am a resident of Iowa and I don’t want to be left on a machine if I am in and accident and it leaves me in a “vegetative state”. Is there a “living will” or other advance directive available that will prevent the doctor from doing this?

A . Many people have been through the agony of having a loved one on a respirator or other life prolonging mechanism and want to save their loved ones from similar anguish. Iowa has an advance directive statute concerning heroic measures extending life. Often referred to as a “living will” this statute provides for a statement that the individual does not wait to be put on a machine in the event he or she is either comatose and unlikely to recover or suffering from a terminal illness likely to result in death in a short period of time.

One effect of a signed “living will” is to protect a doctor from civil suit in the event the doctor follows this directive. It does not however force the doctor to follow this directive. Also it does not deal with the person in a “persistent vegetative state” as such a person is not technically comatose. Nor does the statute provide a checklist of procedures the individual wishes to avoid.

A living will may be more likely to achieve the result you intend if coupled with a Healthcare Power of Attorney. The person named in a healthcare power of attorney has authority to make end of life decisions regardless of whether or not there is a signed “living will.” This may give someone authority to terminate life support in the case of a “vegetative state”. It also provides an opportunity to discuss with someone who will have authority the more particular checklist of procedures that you may wish to avoid. The Iowa State Bar Association website provides a downloadable healthcare power of attorney and living will at the following link: http://www.iowabar.org/displa ycommon.cfm?an=1&subarticlenbr=171

You should consult with an attorney prior to executing this or any other legal document. Also, this documents are specifically provided for by Iowa law and are not to be relied upon by residents of any other state as the law of your state may differ.

Posted at 13:58 PM

Topic: Wills and Probate