Do
It Yourself Legal Forms
Living
Will |
The possibility of becoming terminally ill or debilitated is not
something that is easy to ingest. A lot of people simply choose to
brush it off as an improbable event. However, this risk
shouldn’t be considered as a matter that is worth ignoring.
You should be prepared in such circumstances as early as possible. One
of the valuable ways you could do that is through living wills for
health care.
Living wills are legal documents
that contain a person's specific wishes with regard to health care.
These legally binding papers take effect in the event of severe illness
and incapacity to convey preferences and make decisions about medical
treatment and other life-sustaining measures.
The Triggering
Circumstances
There are basically two broad situations in which advance directives in
a living will may be valid: terminal illness, and permanent disability.
1)
Terminal Illness
A terminal illness is a condition wherein death is anticipated within a
fairly short span of time. More often than not, people dislike the idea
of medical treatment for the sole purpose of sustaining life without
restoring its quality.
While some families would deem this as acceptable, others simply
consider it as prolonging the pain and suffering. Most living wills for
health care deal with this kind of situation. Also, a lot of doctors
would unhesitatingly respect the desires conveyed in the living will
with regard to terminal care.
If you happen to be the type of person who prefers a shorter yet more
comfortable life in the face of a terminal illness, you can certainly
demand for it in your living will. So in case you become incapacitated
and unable to communicate, your attending physicians and your family
will no longer assume what you would have wanted since you've already
outlined it for them.
2)
Permanent Disability
Regrettably, some living wills fall short in addressing another main
concern – permanent disability. It is a lot more difficult to
arrive at any consensus as regards to this condition for two primary
reasons.
First, the attending physicians and the health team may attempt to put
in their own sets of values to a patient's care. While they may have
the same opinion about withholding measures to sustain life in the case
of a terminal illness, they may strongly contest the same action in
patients with permanent disability.
The second reason is the existence of a wide assortment of chronic
impairments. Because of this, people usually argue as regards to what
constitutes an unbearable condition.
For instance, some may be terrified of a stroke that could result in
the inability to communicate, while others may be scared of impaired
mental capacity or permanent dependence. Simply said, the circumstances
that could activate the application of a living will to permanent
disability may vary on a case-to-case basis.
Needless to say, you – as the creator the living will
– must determine the triggering circumstances. These
conditions should be defined as explicitly as possible with reference
to three main factors: type, severity, and irreversibility or
permanence.
Terms like "impaired communication" or "loss of dignity" should be
avoided since they may have different interpretations to different
people.
Living wills for health care can indeed save the patient and his/her
family a great deal of pain. They somehow offer answers that are often
too difficult to decide on.
Aside from that, these legal documents provide a guarantee that the
patient's wishes are implemented in the event of such painful and
upsetting circumstances.
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