FAQs: The Living Will
Who needs a Living Will?
Everyone needs one because we live in a world of million dollar miracle medical machines that are able to extend and maintain a life that most people would consider as not worth living. A Living Will ensures that quality of life is not sacrificed in order to maximize quantity of life.
What does it do?
The Living Will allows you to die with dignity on your own terms. Without one, you and your family may go through the emotional and financial nightmares that one doctor described as “something worse than death.” In essence, it allows someone to “pull the plug”. If you do not have a Living Will, there is a court process that must be followed; the appointment of a special guardian. This means that you will be kept alive until the court decides otherwise, as the bills grow and grow. No one will be able to make this decision without court approval.
When do I need to renew it?
It is designed to be valid indefinitely. It is enforceable until you change it or revoke it. Although, because some states limit the duration of the document and those who honor it will want a recently executed one, you need to renew the Living Will every five years.
Where do I keep it?
We recommend that you give copies to all your health care providers. The original should be kept in a safe place, for your convenience we provide access to our fireproof safe. It is safer than a safe deposit box and has greater accessibility in emergencies.
Why do I need a Living Will and a Medical Power of Attorney?
Because they are designed to deal with different situations; the Medical Power of Attorney deals with regular medical care; and the living will deals with terminal medical care. There is also the chance that some low level bureaucrat will not be familiar with one or the other and may try to deny your wishes. So we have designed them to act as backups to each other to achieve complete protection.
It holds harmless all who assist in carrying out your desires, from the surrogate to the doctors and hospital staff. If anyone is sued or criminally charged for assisting you, your assets are used to provide them legal assistance.
How does the Living Will ensure the “plug” is not “pulled” prematurely?
You set the standards that must be met before the power to “pull the plug” is effective. These standards must validated by three doctors. The Living Will clearly states what you mean by “terminal with no chance of recovery.” Our Living Will recognizes six conditions warranting implementation of the Living Will: (1) brain damage, (2) brain non-function, (3) irreversibly dying, (4) persistent vegetable state, (5) advanced Alzheimer’s, and (6) “locked in a condition where your brain cannot communicate with the outside world.”
How do you handle the situation when the attending physician refuses to carry out the Living Will instructions?
Call your attorney. He may be able to persuade the doctor by explaining the law to him. If not, your agent under the Medical Power of Attorney will have you transferred to a doctor who will honor your legal rights. Your surrogate is given the power to sue those who refuse. This means there is a price to pay for failing to honor your legal rights.
What happens when the second named surrogate is available, but the first named is not and a decision must be made right away?
The second named may act without a problem. Our Living Will provides this flexibility so that you may have your wishes carries out. You will not suffer needlessly waiting for one certain person to be found. This should be remembered when choosing surrogates.
How do I handle the situation if I am dying in a foreign country without a copy of my Living Will?
You will never be in this situation if you follow our advice and have your attorney prepare certified copies of your emergency documents to take with you. If you do not, and find yourself in the above situation, call your attorney and we will fax the certified copies to you.
What happens if my family is present and argues over implementing my Living Will?
The first named surrogate has the final say, but making such a decision when others close to you disagree is difficult. So who you choose as a surrogate is very important. Hopefully your family has signed the Integrity Agreement. If they have, the problem may be handled quickly and harmoniously. If not, there will be an ugly scene and worse, this type of argument can split families forever.
How do people know that I have a Living Will?
If you give copies of the Living Will to all your doctors and carry the Wallet Information Card, anyone who finds or treats you will know that you have one and where it is.
How do I choose a surrogate?
With care. This person must be strong enough to “pull the plug” when the time comes. This person may be faced with angry relatives who do not know or share your beliefs and will need to be strong enough to honor your wishes over others. You should discuss your wishes on dying with dignity to your family. You must discuss your desires with the surrogate and the backup surrogates. This is the only way to be completely protected.
For additional information, please call (602) 252-5110.
For additional Preventive Law Studies, visit our website: www.goodsonmanleyforakis.com