Frequently Asked Questions
 

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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