Living Will: Pros and Cons

A living will is more popular than ever. When former President Richard Nixon died, people who heard about his living will swamped professionals with calls. A 1991 law requires most health facilities to inform patients of their rights to spell out if they want life-sustaining care should they be unable to speak for themselves. Almost all states now recognize a living will.

What Is a Living Will?
A living will is your legal declaration of your personal wishes about extraordinary medical treatment in the event you become terminally ill or permanently unconscious. You may want to be kept alive by artificial means or heroic measures, or you may notóand your living will states your preference.

Why You Need It
A living will allows death with dignityófor example, to keep you from being hooked up fruitlessly, perhaps painfully, to life-support machines because of state law, custom or because you have no one to speak on your behalf.

Having your wishes expressed through a living will can avoid the extraordinary costs of futile treatments if you are terminally ill and cannot communicate your desires.

Dealing With a Living Will's Flaws
While a living will is a key health document, it also has serious limitations.

Generally, a living will comes into effect upon the certification by two doctors that you are terminally ill or permanently unconscious and cannot make your own decisions. Even then, doctors may ignore a living will or disagree on whether or not a patient is terminally ill.

Doctors are not obligated to follow the directives of a living will if they disagree with them. If the language in a living will is too vague or too specific, doctors may not be able to honor your wishes.

The solution? Prepare another documentóa health care proxy or directive. It designates a close family member or friend to make medical decisions on your behalf after doctors have determined that you are unable to do soónot just if you are terminally ill or permanently unconscious. Some documents are designed so that you can provide guidance on how those health care decisions should be made, depending on specific medical situations and common treatments.

Play It Safe
Though these declarations may never be used, having them as a standby is comforting. Your attorney can advise you what is required in your state and draft suitable documents.

Please contact Mary Ludwig, Development Director at 712-732-5127, for more information.

The information on this site is not intended as legal, tax or investment advice. For such advice, please consult an attorney, tax professional or investment professional.

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