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Living will an advance directive or durable power of attorney healthcare california 5 dying wishes dnr for vets and nonvets 408 854-1883
1. Living will
A living will is a type of advance directive that documents your wishes about end-of-life medical
treatment, including life support, if you become unable to speak for yourself. In most cases, a living
will and medical power of attorney, which names a health care agent , are completed at the same
time.
All 50 states and the District of Columbia have laws about advance directives. However, state laws
vary in their requirements. Some states have a standard living will form to which you can add your
own instructions.
Have your living will witnessed as your state requires, usually by two people who have nothing to
gain or lose by doing so. Your state may require that your living will be notarized (witnessed by a
notary public). A federal law called the Patient Self-Determination Act requires hospitals and nursing
homes that receive Medicaid and Medicare funds to inform you that you have the right to fill out an
advance directive. Many hospitals and nursing homes will give you forms that meet state
requirements.
You do not need an attorney to complete a living will. However, legal advice is helpful if your state's
laws are unclear, your health history is complex, or there is conflict within your family.
To obtain copies of the forms for your state and instructions for completing the forms, contact the
nonprofit organization Caring Connections at www.caringinfo.org or 1-800-658-8898. Give your
doctor a copy of your living will to keep in your medical record. If you have more than one doctor,
make sure that each doctor has a copy. Speak with your doctor and other health professionals to
ensure that they understand the words you have used. Make sure that your family members and your
health care agent also have copies. Some people may want to put a copy of their advance directive in
an envelope on their refrigerator door.
Keep the following facts in mind when you are considering preparing a living will:
⢠You can change or revoke your living will at any time. Review your living will regularly.
Many people find that their wishes about medical treatment change over time, even in a few
months, as their health changes. You may change the forms to address your specific wishes. If
you make significant changes to your living will, complete a new document.
⢠Your living will is only used if you can no longer make or communicate decisions for yourself.
Normally, one or more doctors must certify that you lack capacity before your living will takes
effect.
⢠If you become able to speak for yourself again, you can accept or refuse any treatment, no
matter what you said in your living will.
⢠Some states may limit your right to refuse treatment in certain situations. You may need to
specifically state in your advance directive that you do not want artificial hydration and
nutrition, such as being fed through a tube.
Be specific when you complete your living will, but avoid being overly specific. Too much detail may
limit your health care agent's ability to make decisions as your situation evolves, yet too little detail
may not give your agent and family enough guidance in a specific situation. Be sure to talk with your
agent about your beliefs and wishes.
⢠Although you cannot plan for every possible situation that may arise, some treatments are
commonly used in end-of-life situations. These include cardiopulmonary resuscitation (CPR),
ventilators, and artificial nutrition (feeding tubes) and fluids.
⢠Some types of health problems tend to be more common at the end of life, such as irreversible
brain damage or a form of dementia such as Alzheimer's disease.
⢠In your living will, include some general information about whether you would want to have
certain treatments or to have your life prolonged in certain situations. Talk these situations over
with your health care agent, your family, and your doctor.
⢠If you have a chronic illness, talk with your doctor about what is likely to happen, what kinds