by Tl Shelton

Created on: January 22, 2009

"Living wills" are your written directions to health care providers concerning your health care choices in critical care situations. Typically, they have no effect if you are able to speak for yourself and are legally competent to do so. The term "living will" is shorthand for "advance directive" or "advance care directive", or some other similar name in "legalese", but because it is described as a "will" it is often confused with an actual last will and testament. Distinguishing them is quite simple: Last wills only matter upon your death; "living wills" only matter if you are living.

What does a "living will" do? Do you need one? How much does it cost to obtain one? Must I hire an attorney or other professional to complete a valid living will?

A living will answers two essential questions. First, "If I am terminally ill or permanently injured/unconscious, do I want to be given food and water through a tube or IV?" Of course, the particular terms vary with each state and carry their own precise definitions, but this question is the one that most people associate with a living will. The closely related second question is, "If I am terminally ill or permanently injured/unconscious, do I want life sustaining medical treatment?" Such treatment typically includes medical tests, surgery, or any other treatment (including the administering of medications) that would tend to prolong life but not cure you. However, the refusal of medical treatment almost never means that providers will not provide comfort measures or even medications designed to relieve pain and suffering.

Another practical matter usually addressed in a living will is the identity of the person who will be responsible for working with health care providers to carry out your wishes as stated in your living will. This person may be called a "health care proxy" or "health care power of attorney" or some other similar designation. The proxy may have broad or very restricted power to make decisions concerning your care. The scope of his or her powers is addressed in the living will form. Some states provide very specific options concerning the scope of proxy powers; most states provide blank spaces in their forms so that highly personal and individualized directions may be expressed.

Other issues addressed by living wills include the extent of your privacy in any end-of-life status, the extent of family inclusion in any physician or counselor discussions about decisions to implement the living will's directives

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