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[L442]Living Will Power Of Attorney
by Nicholas Fagan, Nic

A living will form usually covers specific directions as to what kind of medical treatment your caregivers will give you or are not allowed to give you. Some people go as far as to refuse food and water if they become incapacitated. A will to live is just that though, it is intended to force caregivers to give you the kind of medical treatment you want if you can't communicate those directives yourself. You are considered unable to communicate when you become incapacitated or brain damaged.

Another form similar to a living will form is a power of attorney for health care form. A power of attorney for health care form appoints some one you trust of your choosing to direct your health care decisions.

End-of-life health care decisions can be very difficult and emotional on your family; 1/3rd of Americans have had to make end-of-life health care decisions for their family. A living will form will keep your family members from making these critical, emotional, and frightening decisions.

You are also entitled to fill out a do not resuscitate order if you so choose to do so, this order will not allow your caregivers to put you on life support. Often times depending on the hospital and jurisdiction they will withhold do not resuscitate orders until their confirmed or simply not even recognize their legal power. Most hospitals will not perform intubations or resuscitation only when faced with these orders but they will treat infections, pump food and fluids directly into your blood stream, use pain management, and adequate comfort care are often times continued.

These types of forms are valid as soon as they are notarized or witnessed, copies should be given to your doctor, family, and any one else you feel may need a copy.


The purpose of a Living Will declaration is to document your wish that life-sustaining treatment, including artificially or technologically supplied nutrition and hydration, be withheld or withdrawn if you are unable to make informed medical decisions and are in a terminal condition or in a permanently unconscious state.

1. Life-sustaining treatment means any health care, including artificially or technologically supplied nutrition and hydration, that will serve mainly to prolong the process of dying.

2. Terminal condition or terminal illness means an irreversible, incurable and untreatable condition caused by disease, illness or injury. Your physician and one other physician will have examined you and believe that you cannot recover and that death is likely to occur within a relatively short time if you do not receive life-sustaining treatment.

3. Permanently unconscious state means an irreversible condition in which you are permanently unaware of yourself and your surroundings. Your physician and one other physician must examine you and agree that the total loss of higher brain function has left you unable to feel pain or suffering.

Having a Living Will does not affect the responsibility of health care personnel to provide comfort care to you. Comfort care means any measure taken to diminish pain or discomfort, but not to postpone death.
In most states, a Living Will is applicable only to individuals in a terminal condition or a permanently unconscious state. If you wish to direct medical treatment in other circumstances, you should prepare a Health Care Power of Attorney.

The Health Care Power of Attorney form gives the person you designate (agent or attorney-in-fact) the authority to make most health care (including dental, nursing, psychological, and surgical) decisions for you if you lose the capacity to make informed health care decisions for yourself. This authority is effective only when your attending physician determines that you have lost the capacity to make informed health care decisions for yourself. As long as you have the capacity to make informed health care decisions for yourself, you retain the right to make all medical and other health care decisions. You may also limit the health care decisions that your agent will have the authority to make. The authority of the agent to make health care decisions for you generally will include the authority to give informed consent, to refuse to give informed consent, or to withdraw informed consent to any care, treatment, service, or procedure to maintain, diagnose, or treat a physical or mental condition.
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Both Nicholas Fagan & David F. are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.

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