What is the difference between a Will and a
Living Will?
A will (last will
and testament) only takes effect after your
death. It
disposes of your property and can designate
guardians for your
children.
A living will has
nothing to do with your property or children but
only your election
concerning life-prolonging procedures in the
event of your
permanent illness or unconsciousness where death
is imminent.
You should have both.
How will my doctor and hospital know I have a
living will?
You
should provide your doctor and your hospital
with copies of your
Living Will for your permanent medical record.
Any time you are
admitted to a
hospital, you will be asked if you have a Living
Will and
your response noted in
your medical record.
Who can witness the signing of my Advance
Directives?
In
order for your advance directives to be valid,
they must be
signed in the presence of two witnesses and
usually a notary.
Persons who may NOT
serve as witnesses include your agent
named in your durable
power of attorney, spouse, heir,
attending physician
or person supervised by your physician. Thus,
the witnesses must be
unrelated to you and not financially responsible
for your health care.
In addition, the witnesses must be at
least 18 years old.
Do I need a lawyer to create my Advanced
Directive?
No, you do not need a lawyer.
Will the wishes in my Advanced Directive be
honored?
The
law requires that health care providers honor
your wishes,
although sometimes the documents have created
conflict when
persons have not
talked with family members.
Is my family liable if my advance directive
instructs no heroic
measures or life
support?
No
they are not liable if those are your wishes and
they are
documented as such.
What if my physician does not want to carry out
my desires?
Most states require the physician to notify you
if he or she is
unwilling to carry out the desires you state in
your living will. The
purpose of this
requirement is to afford you the opportunity to
seek
a compliant physician.
What if I want to make changes to my Advance
Directive?
This is not difficult to do. You simply
create new documents
that cancel out the old documents.
Can I revoke my Living Will?
Yes. You may revoke your living will at any
time and in any
manner. However, if you have provided your
physician or health
care provider with your living will you must
notify them immediately
so that your
revocation may be entered in your medical
records.
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