Living Wills / Health Care Proxy

Depending on state law, this document may permit you to express whether or not you wish to be given life-sustaining treatments in the event you are terminally ill or injured, to decide in advance whether you wish to be provided food and water via intravenous devices (“tube feeding”), and to give other medical directions that impact the end of life. A living will applies in situations where the decision to use such treatments may prolong your life for a limited period of time and not obtaining such treatment would result in your death. It does not mean that medical professionals would deny you pain medications and other treatments that would relieve pain or otherwise make you more comfortable. Living wills do not determine your medical treatment in situations that do not affect your continued life, such as routine medical treatment and non life-threatening medical conditions. In all states the determination as to whether or not you are in such a medical condition is determined by medical professionals, usually your attending physician and at least one other medical doctor who has examined you and/or reviewed your medical situation. Most states permit you to include other medical directions that you wish your physicians to be aware of regarding the types of treatment you do or do not wish to receive.

A “health care proxy”, also referred to as a “durable medical power of attorney”, is the appointment of a person to whom you grant authority to make medical decisions in the event you are unable to express your preferences. This situation typically occurs if you are unconscious or your mental state is diminished to the point that you no longer have the legal capacity to make your own decisions. As with a living will, medical professionals will make the determination as to whether or not you have the capacity to make your own medical treatment decisions.

Depending on your state of residence, the living will and health care proxy may be a state determined form or may be drafted individually by your attorney. It is important that the documents be clear and specific. It is also advisable to let your close family and your physician know that you have completed such a directive, and be sure that they are comfortable with the directions since they will ultimately be responsible for carrying them out.

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