Do
It Yourself Legal Forms
Living
Will
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A coherent patient basically has the right to make an autonomous
decision regarding health care. He or she may decide to refuse or
accept any form of medical treatment in the event of an illness or
trauma. However, when coherence is absent, the duty is typically passed
on to the patient's immediate family or the health care provider. This
is when the concepts of living wills and power of attorney become
significant.
For as long as you're competent and rational, only you can decide what
medical intervention to accept. Needless to say, you also have the
right to decline treatment based on your personal beliefs and
preferences. The usual scenario would include a thorough explanation
from your attending physicians as regards to the advantages and
disadvantages of a particular medication or procedure. Yet, regardless
of your reasons, the health care provider is obligated to grant your
refusal to receive medical care.
On the other hand, if you become incapacitated due to a permanent
disability or a terminal illness, you may lose the right and ability to
decide for your own medical treatment. In this case, the important
determinations will have to be made on your behalf. And if you
haven’t formulated any instructions, no one will truly know
what you would have wanted to happen.
Consequently, the health care team and your immediate family will have
to work with professional judgment and presumptions about your
condition. So before it's too late, learn about living wills and power
of attorney and how they can make the situation a lot easier for and
your family.
Living
Will
A living will is a legally binding document that allows you to express
your wishes in writing with regard to medical treatment. It normally
contains instructions as to how you want to be taken care of in the
event of a debilitating illness or a permanent vegetative condition.
More often than not, two witnesses are required to observe the signing
of this legal document. A number of states even necessitate the
presence of a Notary Public. Apart from that, the living will should be
consistent with the laws of the state on the subject of advance
directives.
Since it is a legal document, the health care provider and your
immediate family would be compelled to put your wishes into action. On
top of that, a living will would certainly guarantee that your
decisions about your medical treatment would be respected no matter
what happens.
Power of Attorney
A power of attorney used in health care enables you – the
creator – to name an advocate in the event of your illness or
incapacity. This person would serve as your proxy in the
decision-making pertaining to your medical care. Of course, your
advocate should have full knowledge of what you intend or desire to
happen in case you become too debilitated to actually speak or decide
for yourself.
Certain qualifications and conditions must be fulfilled before a person
can be named as your advocate. For instance, he or she must be of legal
age – eighteen years old and above – and must only
have your best interest in mind. You may pick your spouse, son,
daughter, sibling, a friend, or any trusted person to act as your
health care representative.
In case you want your advocate to be able to decline any medical
treatment and permit you to pass away peacefully, you must specifically
say so in writing.
Although the drafting of a power of attorney is not necessarily
required, you have to remember that the legal authority of your
representative will only take effect after you have duly signed the
said document.
So choose between living wills and power of attorney, and try to
determine which of the two would work best for you.
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