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By Ellie Rodgers, Contributing Writer
It's human nature to avoid thinking about the end of your life. Most of us would rather focus on happier times.
But what if you became too sick or hurt to speak for yourself? Would your loved ones and doctors know what you'd want?
A Living Will, or Advance Directive, is a legal document that spells out your wishes for medical care at the end of your life.
Whether you are faced with a terminal illness or another life-ending situation, a Living Will can help your loved ones make agonizing decisions at a very difficult time.
Some important questions answered by a Living Will can include:
- Do you want to have CPR if your heart stops?
- Would you want to be on a ventilator (breathing machine) if there was no chance of getting better?
- Would you want tube feedings if you lost the ability to walk, care for yourself or recognize your family?
How do you create a Living Will?
All states allow living wills. Some have standard forms you can use. Check with your doctor or local Bar Association for advice on how to start. Some organizations, such as Aging With Dignity, have forms and instructions you can download online.
Along with your Living Will, you need a "Health Care Durable Power of Attorney" (or "Health Care Proxy"). This document names a trusted person to make medical decisions for you. He or she should know your values intimately. Many decisions that arise during a terminal illness cannot be anticipated.
It seems natural to appoint your spouse, partner or adult child as your proxy, but such choices may not be appropriate in all cases. You may not have any living relatives, or you may have cut family ties. In these cases, a close friend or trusted co-worker may be able to serve as your Health Care Proxy.
Make your decision carefully. Your Health Care Proxy or "agent" will be in charge of carrying out your wishes. It's good to name a second proxy in case the person you assigned is not available. Once a doctor decides you can no longer make decisions for yourself, your health care proxy will step in.
When you pick a Health Care Agent, keep these things in mind:
- Make sure your agent is not afraid to ask questions and will ensure that your wishes are met.
- Make sure your agent wants the responsibility.
- Make sure you can talk to this person about your fears and the medical care you do or do not want.
Include in writing that you want your doctors to disclose your health information to your proxy. This is needed because of privacy laws in the Health Insurance Portability and Accountability Act of 1996 (HIPAA). It's a good idea to state that you want your doctors to disclose your health information even before your doctor has determined that you are not competent. This can help your proxy understand your health situation.
You may also want to create a Durable Power of Attorney for financial matters. This is separate from your Health Care Durable Power of Attorney. It appoints a person you trust to manage your finances if you can't. You will probably want to create a "springing" Durable Power of Attorney. This only goes into effect if you become incapacitated.
It is important to have a "durable" Power of Attorney for health care and for finances. A standard Power of Attorney is no longer legal if you become incapacitated. A "durable" Power of Attorney stays in force if you become unable to speak for yourself.
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This article was reviewed and updated
08-01-2009.
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