Living Will, Why You Need One?


by Larry D. Johnson

Living wills are just one part of advance directives. They are forms that tell your doctor what kind of care you’d like to have if you become unable to make medical decisions. There are current state and federal court decisions that have established the right of an incompetent or comatose patient to have his or her wishes respected, as long as those wishes are known.

Living wills have become customary in many parts of the country and are broadly respected by health care providers. However, a high percentage of Americans do not have a living will and/or a power of attorney to ensure its compliance. By registering with a Living Will Registry you can rest assured that hospitals and healthcare providers have access when necessary.

A Living Will Registry allows you to store your living will documents in a secure, online database. Only authorized health care providers may access and view your documents in the registry. Access is given 24-hours a day 365 days a week. The registry also stores your emergency contact information so that family and next of kin can be contacted. In most cases participants are contacted annually to update any advance directives.

Living Wills are needed because advances in medicine allow doctors to prolong and sustain life although the person will not recover from a persistent vegetative state. Some people would not desire to remain in that state while others would. Living wills are not legally binding in a few states, so hospitals may or may not comply with your wishes.

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. 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. If you want to shell out a couple of hundred bucks you can get an attorney to draw them up for you. Paying attorney fees are really not necessary for these documents. In fact some people opt to do it themselves. In our resource box we provide a link to state specific do it yourself living will software where you can personalize your own documents.

Once you have a completed living will you should 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. 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.

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