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Getting Your Affairs in Order: A Guide to Living Wills
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Living wills--sometimes referred to as "health care directives"--are for adults of all ages, not just the elderly. Some of the most recognized court cases concerning the "right to die" issue have involved people in their 20s and 30s--people like Karen Quinlan and Terri Schiavo.
Living wills are essential documents for conscientious parents and spouses. Why leave your family in a constant state of worry and confusion when a legal document can specify your personal desires pertaining to the end of your life.
There are many good reasons to record your wishes about "end-of-life" medical care: you might be too ill or incapacitated to express yourself when the time comes; your family may disagree about what to do, leaving the doctors in a difficult situation and more likely to keep you on life support; you can personally make the difficult decision of whether or not to use life support; finally, most living wills include legal protection for doctors and hospitals, so they will not be sued for honoring your requests.
Everyone knows they should get their "important papers" organized and in order. The problem often lies in the fact that the term "important papers" may be different for every family. Items such as: sources of income, Social Security and Medicare information, life insurance information, location of deeds and important legal papers (birth certificates,etc.), location of personal items such as jewelry and family treasures, name and number of your checking and savings accounts should all be included in a list of "important papers."
As of 2004, about 25 percent of all American adults have a living will which specifies the medical treatment people do or do not wish if they become terminally ill or incapacitated. All 50 states recognize living wills and a second legal document known as the durable medical power of attorney. Although different states have different rules for what living rules should cover, all states allow you to decline aggressive life support if you're close to death, without affecting your right to get pain relief medications or other "comfort care." Refusing medical treatment is not considered suicide, since it is not illegal or immoral to let nature run its course.
The best way to express your views and desires on "end-of-life" issues is to write them down. There are many different types of legal documents that can help you plan how your affairs will be handled in the future. Wills and trusts give you a method to say how you want your possessions disbursed after you die. Advance directives describe your health care wishes in case you can not speak for yourself.
A power of attorney lets you give someone the authority to act on your behalf. The three basic types are: a standard power of attorney; a durable power of attorney; a durable power of attorney for health care which allows you to name another person to medical decisions for you if you are unable to make them yourself.
Finally, a living will explains how you want your health care handled if you are in a life-threatening situation and can not make medical decisions yourself. It also gives you the right to refuse certain types of care, and gives those who are caring for you the legal protection and right to follow your wishes.
No one ever plans to be sick or disabled. However, it is just this kind of advanced planning that can be of major assistance in times of emergency. No amount of planning can cover all the problems that can arise when we get old or sick. But a living will can certainly help you and your family when heart-breaking decisions need to be made.
ABOUT THE AUTHOR
Larry Denton is a retired history teacher having taught 33 years at Hobson High in Hobson, Montana. He is currently V.P. of Elfin Enterprises, Inc., an Internet business providing valuable information on a variety of timely topics. For a lawyer's office full of advice, resources and suggestions about living wills, visit http://www.LivingWillToday.com
By: Larry Denton
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