Archive for the ‘Living Will’ Category

Organ Donation on Your Living Will

Saturday, February 26th, 2011

A living will is a legal document where you authorize doctors to do and do not do certain medical procedures in you in case you become incapacitated or medically unconscious to make decisions or even speak. Many people are now including organ donation in their living will. This is a noble and admirable practice. Imagine how many people your organs could save when you die. That is like living your life to the fullest. Even in death, you could be sure you are contributing well to humanity.

You could always specify in your living will your desire to have any of your organs removed and donated to other people who need transplants. Some people still are not aware of this. You could even donate your body to medical schools that are always in need of corpses for medical and scientific studies. This way, you could make sure you could still help in the advancement of human knowledge on medicine and treatment. Your family might not fully agree with this notion, but it is something you have to clearly and patiently explain to them. Who knows, they might join you on your advocacy and decide to also donate their organs when they die.

If you find yourself confused by what you’ve read to this point, don’t despair. Everything should be crystal clear by the time you finish.

How do you include organ donation in your living will? The process could be as simple as getting a living will. First, you should check out any state or national legislations that may cover the process. Some states may have specific laws regarding such advance directives. You could consult your lawyer in this aspect. There are also several forms to fill out. Once the forms and the living will are done, produce several copies. Give a copy each to your doctor, your healthcare agent, and your family. You should also keep your own copy and keep it safe, but in a place where the household could easily find in case of emergency.

You do not need to be old to come out with your living will and to decide to donate your organs if you die. It is advisable that both living will and organ donation be decided and finalized the moment you reach 18 years old. There is no age limit as well. Even 70-year old and 80-year old individuals could opt to donate organs and include such a provision in their living will. You should always read your directives as often as possible. You could always opt to change or revise any term or provision depending on your choice. To make changes on your organ donation options in your living will, you could start the process all over again, as you did when you got the living will written.

You also need to register in your state’s donor registry. For convenience, you could have your organ donation option indicated in your driver’s license every year you renew it. You could also sign and always carry a donor card so that the procedure could go on any time something happens. Your living will should also clearly indicate that choice you make.

This article’s coverage of the information is as complete as it can be today. But you should always leave open the possibility that future research could uncover new facts.

About the Author
By Anders Eriksson, proud owner of this top ranked web hosting reseller site: GVO

Frequently Asked Questions about Living Will

Tuesday, February 22nd, 2011

You probably have heard about living will. But admit it, your knowledge about the subject may not be full. Do you need it? It is a necessity? More and more people are getting their own living will. This further arouses your interest about it. You might be considering writing your own. But do not do so unless you are fully aware of what is it and why you should have your own living will. Thus, it would be helpful if you would attain all your needed information. Here are some of the most frequently asked inquiries about living will and of course the answers to every question. Your own questions may already be included.

What is living will?

A living will is a legal document where you authorize doctors to do and do not do certain medical procedures in you in case you become incapacitated or medically unconscious to make decisions or even speak. Many people are now including organ donation in their living will. This is a noble and admirable practice. Imagine how many people your organs could save when you die. That is like living your life to the fullest. Even in death, you could be sure you are contributing well to humanity.

What medical procedures are covered?

A living will is basically a valid and legal document specifying life-sustaining treatments that a person does or does not want to undergo in case he/ she becomes unable to speak up or make decisions for himself/ herself. Such could include the use of medical devices like breathing machines (ventilators), feeding tubes, dialysis, medications, and several other treatments that could be started in case that person gets into life-threatening conditions (basically there should be a need to resuscitate).

Those of you not familiar with the latest on Living Will now have at least a basic understanding. But there’s more to come.

Who is qualified for a living will?

The document is not just for adults. Legally, any person who is over the age of 18 years could appropriately prepare living will and other legal advance directives. Even elders could have their own living will written. No age is late. Many people in their 70s or 80s are now opting to have their own living will.

What is POA and DNR order?

Any living will could also include a medical POA or Power of Attorney and a DNR or Do Not Resuscitate order. Some people prefer or miss out unintentionally to include these two. In many cases, inclusion of any of the two has proven to be advantageous to all concerned parties. Medical power of attorney of medical POA is a document (legal) that designates an individual (also called a healthcare proxy or agent) to carry over or make important medical decision in case the person getting the medical POA becomes unable to make that decision. The DNR order or Do Not Resuscitate order is a special request by a person not to take any cardiopulmonary resuscitation if the heart suddenly stops beating or breathing is ceased.

Is living will incurring costs?

The legal procedure could incur a little expense. In the end, if a living will contains provisions for a person not to receive specific medical procedures that are expensive, costs could be minimized so that the family or heir would not shoulder a great bill.

Take time to consider the points presented above. What you learn may help you overcome your hesitation to take action.

About the Author
By Anders Eriksson, proud owner of this top ranked web hosting reseller site: GVO

Selecting your Health Care Proxies in Living Wills

Monday, February 21st, 2011

Selecting health care proxies in living wills is a very important aspect of your overall advance directives. Because a living will or advance directives give specific instructions on how you will be treated in en-life situations, it is only logical to designate a person who will take responsibility for related health care decisions and medical treatment in the event that you are unable or incapable of making any judgment.

The health care proxy document is just a legal form that you need to fill up. The hardest part of the whole thing is choosing the right person for the job. You need to select a person that you can trust. Selecting a person that can make sound decisions in highly emotional situations would be your best option.

A living will allows people of the right age, basically individuals 18 and above, to practice their right to accept or refuse medical treatment. Such treatments include among others the use of antibiotics, artificial feeding procedures and the use of respirators and ventilators. Now, sometimes, due to your illness, injury or condition, it is difficult to make certain that your wishes about specific treatments will be followed by your family and medical team. It is important, therefore, to designate an individual that can ensure that all your wishes and concerns are followed.

Hopefully the information presented so far has been applicable. You might also want to consider the following:

By appointing someone as your health care proxy, you are protecting your wishes on your living will document. Although, a living will is a legal document that needs to be respected and followed, it is still less effective if it stands on its own. It is best to combine a living will with a health care proxy’s presence and decisions making ability. Your health care proxy can use the living will as a guide in talking to your medical team and making the right decisions based on what you wanted. The proxy can make decisions when your medical condition changes, either for the better or for the worst.

Regardless, you need to plan everything in advance. You can assign your health care proxy with as much responsibility as you want. You can even allow your proxy to decide everything about your medical needs or treatment. Hospitals and doctors are legally bound to follow your proxy’s decisions. You need to be specific on your wishes or instructions to your proxy. If for instance, your proxy does not know your stand on some treatments or health care procedures, he/she will not be able to make a decision. This particular decision might fall under the responsibilities of the family.

If for some reason you changed your mind regarding your chosen healthcare proxy, you can cancel the proxy and assign a new one by simply filing a new healthcare proxy form. There is also a possibility of adding a term limit to the validity of the person as your proxy. This ensures some limitations if you’re looking for that. Also, if you previously assigned your spouse as your proxy but got divorced later on, the proxy agreement is also cancelled. Selecting your healthcare proxies in living wills is a serious matter that needs your full attention and careful thinking.

If you’ve picked some pointers about Living Will that you can put into action, then by all means, do so. You won’t really be able to gain any benefits from your new knowledge if you don’t use it.

About the Author
By Anders Eriksson, proud owner of this top ranked web hosting reseller site: GVO

Living Will: Planning for End-of-Life Issues

Sunday, February 13th, 2011

You can never be certain on what will happen to you so it is important to plan ahead. Making some preparations is forward thinking. Despite the sensitiveness of issues like injury, illness and death, it is always best to prepare so that you can make sure that you will receive the proper treatment. Preparing early would also spare your family from antagonizing on every decision that needs to be done. It also clears up some confusion between family members and even with your doctors on the best course of action regarding your medical treatments. And the perfect way to do all this is to have a living will, planning for end-of-life issues should always be part of our goals.

When you plan ahead, you need to do some considerable thinking. It is important to know how you want your family and doctors will treat you when such a situation comes up. You might want to read more about all kinds of options for life-sustaining treatments to come up with the best decision on your living will. The living will can be canceled any time whenever you see fit. This is only natural since recent advancement in medical care might change your mind regarding certain procedures. You might want to accept a procedure that you previously crossed out.

You need to be specific in your living will. Cite which treatments you don’t want and which ones you would prefer and so on. However, please understand that a living will cannot possibly cover all circumstances. There might be a situation where a living will is vague regarding a treatment or your instructions are subject to certain interpretations. With this in mind, part of a arranging advance directives for your medical care is assigning a healthcare proxy or a medical power of attorney (POA) assign to someone you trust. This person will take on the responsibility of ensuring that all your wishes in your living will is followed by your family and medical team.

Think about what you’ve read so far. Does it reinforce what you already know about Living Will? Or was there something completely new? What about the remaining paragraphs?

Another important job of a health proxy is to decide on your behalf. Like what have been mentioned before, some aspects of your living will might be vague or there might be some new medical procedures which might have changed some of the elements in the will it is important to have someone to make sound decisions. A medical POA assigned to a person will give him the right to interpret your wishes in situations that are not clearly stated in your will.

A health agent proxy’s responsibilities and rights can be limited to a certain degree depending on what you want. You can also change the person to be your proxy anytime. It is just simply filling up a form and making it legal. Pick a person that you belief will make good decisions for you. Your selecting a proxy should never be influenced by any of your emotions.

Having a living will, planning for end-of-life issues is something that you seriously need to think about. Having a legal document and having someone to act as your health proxy would be to your advantage especially if your family is not too keen on some of the treatments or procedures that you don’t want to have.

About the Author
By Anders Eriksson, feel free to visit his top ranked GVO affiliate site: GVO

Difference between a Living Will, a Will, and a Living Trust

Friday, February 4th, 2011

In case you are somehow confused about a living will, a will, and a living trust, you should understand that these three concepts are separate and are different from each other. It is time you realize that a living will is not a will, nor is it a living trust. You do not need to be a licensed lawyer to be able to tell the difference and the basic coverage of each. This article would definitely help you make the discernment.

To begin with, a living will, a will, and a living trust all are significant tools used in estate planning (the process of planning for future management of assets of a person’s estate in case of incapacitation or death). As mentioned, all three serve different and significant individual functions. Any person who is planning to take one or all of those three should appropriately consult a lawyer or a qualified professional prior to coming up with any important decisions about documents to use.

There is a huge difference between a living will and a last will and testament. In particular, a living will is an authorized and legally binding directive to healthcare providers or doctors to either implement/ apply or prevent/ withhold any specific life-sustaining treatment or procedure in case that person gets terminally ill or experiences an irreversible health condition that would certainly require tedious and incessant life support. The living will would name a person who would be assigned to act as the Medical Power of Attorney. That assigned person would decide and receive private medical data about the patient. In this way, the living will becomes a strategy to curtail or control medical, hospital, and even funeral costs that could easily dry up or drain as estate.

Hopefully the information presented so far has been applicable. You might also want to consider the following:

On the other hand, a last will (more popularly known simply as ?will’) is also a legal document that is duly signed by a person in the presence of a legal witness who describes how that person wishes his assets and wealth to be divided by family and descendants upon death. The will is also containing a designation of a person who is legally authorized to administer every personal affair upon death of the person (or estate owner). The designated person is a lawyer also called an Executor. Most opulent people are advised to have a will at hand. In fact, some wealthy individuals start to write their will early in life and subject that testament to numerous modifications and changes as time goes on.

The living trust is mostly considered as an alternative to will or last will. It also details distribution of estate of a person during and beyond his lifetime. The owner of the estate designates a trustee to manage all his declared assets, which would then be automatically transferred into the possession of the trustee. Thus, in a living trust, the person or estate owner need not be dead for the assets to be turned over to other people.

Overall, will and living trust involves a person’s assets while a living will mainly involves health factors.

That’s how things stand right now. Keep in mind that any subject can change over time, so be sure you keep up with the latest news.

About the Author
By Anders Eriksson, feel free to visit his top ranked GVO affiliate site: GVO

When is a Living Will Effective?

Friday, February 4th, 2011

Current info about Living Will is not always the easiest thing to locate. Fortunately, this report includes the latest Living Will info available.

What exactly is a living will? To begin with, it is a legal document used by any person to specify and make known his wishes with regards to possible life-prolonging medical procedures and treatments in case of unexpected events. Some people prefer to call it as a healthcare directive, an advance directive, and a physician’s directive. In any way, the living will should not in any way be confused with a last testament and a living trust.

The two concepts are involved in holding and distribution of a person’s possessions or assets in case of inevitable life threatening instances. Experts assert the importance of living will: it informs healthcare providers and the family about a person’s desires for specific medical procedures and treatments in case that person suddenly becomes unable to speak or decide for himself.

In general, a living will could describe specific life prolonging treatments. The declaring person could clearly and particularly indicate which specific treatments he does or does not want to be applied in case he suffers from a terminal diseases or he becomes permanently vegetative. There are of course many ethical, religious, and technical issues that are raised in accordance to the nature and scope of any living will.

See how much you can learn about Living Will when you take a little time to read a well-researched article? Don’t miss out on the rest of this great information.

When does a living will take effect? The document is only effective when the person becomes incapacitated. He should not be able to decide or say what treatments he wants or not wants. Normally, in such instances, it is the family who takes the burden of decision. But people who want to spare their family from making such difficult task decide to pre-empt any medical decision through having a living will. Before the living will is implemented, there must be a necessary and appropriate certification from a doctor that the person is truly suffering from a terminal condition or that he is permanently unconscious.

Thus, if the person suffers from a heart attack, the living will is not yet implemented because the condition is not possibly terminal. He could still recover and decide clearly for himself. Unconsciousness in such a condition is also not permanent yet. The person could still be resuscitated, despite terms in a living will that he does not want to undergo life prolonging procedures. In other words, the medical professionals could still proceed to their main goal of saving the person’s life or instantly reviving him. The living will would only take effect if in case ultimate recovery gets hopeless.

In situations when the person is unable to speak for himself but his health condition is not that dire, the living will still does not take effect. In such a case, there could be a health care proxy or a health care power of attorney. In such an event, the attorney gets the full authority to decide for the patient. The decision could also be legally transferred to a family member or a close friend who is supposed to know exactly what the person wants medically.

Many people dislike the idea of being that person because the burden of deciding for one’s life is instantly transferred.

Now might be a good time to write down the main points covered above. The act of putting it down on paper will help you remember what’s important about Living Will.

About the Author
By Anders Eriksson, feel free to visit his top ranked GVO affiliate site: GVO

Contents Of A Living Will

Tuesday, January 18th, 2011

In 1969, Illinois lawyer Louis Kutner first proposed the idea of living wills. Although the concept was received, the use of living wills faced many challenges particularly in cases when the testator, the person who made the living will, failed to clearly translate his health care desires into paper and so left rooms for confusion and misinterpretation. But over the years, the concept of living will has been explored and standardized. The contents of a living will, particularly, are becoming more encompassing and specific, thereby helping the doctors carry out medical wishes and the family in easing the burden.

Living wills come in different wordings, but the content says the same thing: The patient is given the right to decide for his medical care even in the bed of unconsciousness, terminal illness, or vegetative state. Specifically, the living will touches the following areas:

1. Declaration of sound-mindedness at the time of making the living will. The testator affirms that he is in a reasonably perfect state of mind to decide on his medical wishes and to understand their implications and that all decisions are made willfully, voluntarily, and without the presence of any kind of pressure. This have to be made sure because whatever wishes indicated in the living will would be actualized and would determine whether to withdraw or continue any medical intervention.

2. Possible medical scenarios. These may include comatose, vegetative state, permanent disability, brain damage (both terminal and not), and chronic illness. For each medical scenario, the testator chooses whether to undergo treatments and if so, under what specific goal. It can be to sustain life, to attempt to cure, to provide comfort, etc. Additionally, the testator can specifically state his refusal of life-sustaining or life-prolonging measures, should bringing the desired quality of life is impossible and death is imminent. It is important to note, however, that a living will is not supposed to include unwarranted requests like euthanasia, administration of unnecessary and inappropriate medications, and the likes.

You may not consider everything you just read to be crucial information about Living Will. But don’t be surprised if you find yourself recalling and using this very information in the next few days.

3. Appeal that the living will be honored. The testator requests that the attending physicians and family members honor the directives stated in the living will.

4. Statement of possible revocation. The testator reserves the right to revoke the living will at any time. But unless the living will is revoked, it would remain active and must represent the wishes of the testator.

5. Declaration of witnesses. The witnesses testify that the testator is emotionally, legally, and mentally capable of making the decisions and that he understands the implications of the stated health care desires. They also state that they are not in any way related to the testator by blood or marriage, do not represent the testator’s doctors or attending hospital, and are not beneficiaries of the testator’s estate.

6. Signatures of the testator and witnesses. The living will is duly signed to make it legally binding. Any unsigned living will is considered invalid.

The contents of a living will should be carefully reviewed before notarizing, if required by the state, and filing. It is also important to update the living will periodically, as beliefs change over time and new medical treatments, which the testator may either like or dislike to receive, are introduced each year.

That’s how things stand right now. Keep in mind that any subject can change over time, so be sure you keep up with the latest news.

About the Author
By Anders Eriksson, proud owner of this top ranked web hosting reseller site: GVO

Tips for Living Will Creation

Sunday, January 9th, 2011

Are you considering getting or writing your own living will? You might find it not really necessary. But if you want to take control of your life even at the time when you could not decide for yourself or speak up to have it your way, you need one. A living will could spare your family from the difficult task of deciding for your life. In case you get into a life threatening condition wherein there is a slim chance of survival, would they opt to have the medical team try to revive you or would they not opt to take the slim chance as there is a very remote possibility for success? You could decide. Here are some effective and helpful tips you could observe if you need to create your own living will at the soonest possible time.

Tip #1: Understand all available options

In general, experts advise people over the age of 18 years to have their own living will. The number of people choosing to create one is constantly increasing for practical and ethical reasons. You actually are not forced to write one. Explore your options. You should also take appropriate research about the whole procedure, the legal impediments, and all other important factors before your decide to call your lawyer and have one written.

Tip # 2: Pick an advocate or an executioner

You could have the details of your living will fully decided by you. You could also designate a person to make the significant decisions in case events are not covered by your own provisions. You surely want to make certain all your medical requests and wishes are carried out. You could pick a healthcare agent or backup proxy so that your living will would be carried out in case anything unfortunate happens to your designated person. Additionally, you could add an organ donation authority in your living will.

Those of you not familiar with the latest on Living Will now have at least a basic understanding. But there’s more to come.

Tip # 3: Bulletproof choices

Have your family’s consent or the advice of your religious adviser when deciding which medical procedures to allow or disallow. This way, you could appropriately opt to include a Do Not Resuscitate order without incurring objections from the parties mentioned. The same goes if you are considering attachment of breathing devices, feeding tubes, and facilitation of dialysis.

Tip # 4: Write your own living will

You could start by writing your own living will by yourself. However, it would not be valid, legal, and effective unless notified by a certified lawyer. The living will could incur a minimal legal cost, so do not worry that much. You need to consider the effective legislations and policies in your nation or state. There could be certain terms and provisions in your document that could not be allowed in any way by the law.

Tip # 5: Update your living will regularly

It is important to always update your living will. There might be additional provisions and terms you want to include in it. Or there would be particular procedures you want to omit. By the way, do not forget to make a number of copies. Distribute one each to your doctor, family members, and agents. Keep a copy of your living will to yourself.

I hope that reading the above information was both enjoyable and educational for you. Your learning process should be ongoing–the more you understand about any subject, the more you will be able to share with others.

About the Author
By Anders Eriksson, proud owner of this top ranked web hosting reseller site: GVO

What is the Purpose of a Living Will?

Sunday, December 26th, 2010

A living will is a document prepared by patient with a terminal illness to make known his preferences regarding the type of medical care or treatment he would want to receive. Essentially, this document (also called an advance directive or a health care directive) enables the patient to decide for himself how he wants his life to be prolonged through medical treatments and life support systems.

Why create a will when a loved one can choose what’s best for you? Well, it is your own life?and it is your right to determine for yourself whether you want to remain in a continuous vegetative state or not. To some people, prolonging life when death is looming is only prolonging the suffering and pain associated with the dying process. Others find it a violation to their religion the procedure of extending their life with the use of machines.
Living wills allow terminally ill patients to decide whether to continue or withdraw the medical procedure performed on them.

Also, these documents state the kind of life support systems such as artificial feeding and fluid tubes and dialysis that a certain patient wants to use or cancel. In other words, living wills allow patients to clearly state their medical preferences before they are unable to make such literally life and death decisions.

A health care directive informs the family of what the patient would want to happen in case he would need a life support system. As a result, family members and relatives will not have to argue amongst themselves or face a dilemma whether to extend the life of their loved one or to end his suffering.

Now that we’ve covered those aspects of Living Will, let’s turn to some of the other factors that need to be considered.

Another justification for drafting a will is that medical breakthroughs have enabled doctors to extend and sustain one’s life, though the patients may not be able to recover from a vegetative state. A health care directive informs the doctor in advance if the patient wishes to discontinue medical procedures that are meant to extend life, even if that would mean the end of his life.

The best thing about living wills is that medical professionals and health care providers are bound to follow the statements or orders expressed in these documents. Patients also have the option to withdraw or change some statements in their will, or revoke the document altogether, before they become mentally incapacitated.

For the will to be recognized as valid and legal, it must conform to the laws of your state. For example, some states require that the document be notarized, signed by two witnesses, or both.

Typically, living wills become effective when the copies of the document are sent to the doctor, health care provider, and you are unable to make medical care decisions for yourself (which means either you cannot communicate because of terminal illness or are permanently unconscious and in a state of coma).

Understanding the purpose of a living will is crucial because it can spare your loved ones the burden of determining the best health care decision for your condition.

As your knowledge about Living Will continues to grow, you will begin to see how Living Will fits into the overall scheme of things. Knowing how something relates to the rest of the world is important too.

About the Author
By Anders Eriksson, proud owner of this top ranked web hosting reseller site: GVO

Differences of a Living Will and Trust

Tuesday, December 21st, 2010

Are you looking for some inside information on Living Will? Here’s an up-to-date report from Living Will experts who should know.

A living will and a living trust are among the most important legal documents that you will ever make. Both involve end-of-life arrangements so doing them properly is absolutely necessary to avoid any confusion with family members. Documents need to be clear and should contain complete information. But first it is utterly important that you know the differences of a living will and trust. Knowing the coverage of each document would help reduce confusion among other things.

A living will pertains more on the specific health care that you wish to be implemented in the unforeseen event that you are unable to make decisions due to your illness or injury. It is a legal document that pertains to end-of-life decisions. It also can indicate limits on medical and funeral costs so you won’t drain your existing resources. You don’t want the people you leave behind crippled by debts due to your medical and funeral expenses do you?

A living will which is also known as advance directives for medical decisions covers not only the kinds of medical treatment that you wish to receive but also includes what kinds of procedures or treatments that you don’t want to undergo. Common treatments or procedures the document would cover include tube or artificial feeding, mechanical ventilation, the use of antibiotics and resuscitation procedures. One can specifically request that these procedures should not be used in end-life situations. In the same manner, one can also request their medical team to administer all kinds of treatments that can sustain one’s life. However, this kind of request is often not as binding as instructing your doctors to not use specific treatments or procedures.

If your Living Will facts are out-of-date, how will that affect your actions and decisions? Make certain you don’t let important Living Will information slip by you.

A living will needs to be updated on a regular basis. This is only natural since advancements in the field of health care can change one’s perspective. A procedure that you once thought of us too invasive and absolutely necessary might not be anymore due to recent developments in medical science.

So that’s a living will. A living trust on the other hand has some similarities with a will. A will as you might know is determines how your estate and property is to be distributed after you die. It takes effect only after the drafter of the will dies. Meanwhile, a living trust is a revocable, tax-neutral directive which can operate even if the maker is still alive and after his death.

A living trust is also not subject to probate proceedings. Probate is the process where the conditions of the will are activated through an executor. A will can specify it wants to go through court supervision or just through an executor. A living trust is not required to go through these legal proceedings. The document remains private even at the time of your death in contrast to a will. In terms of asset management, you can manage your trust assets as long as you are still willing and able. You can also assign a person to be the trustee to take your place. Preparing and managing a living trust is a little more expensive than preparing a will. But since a trust is not subject to probate, you might end up saving some money.

All things considered, these are the differences of a living will and trust. Each one caters to specific concerns in your life, one more on your health care and the other more on your properties and assets.

Knowing enough about Living Will to make solid, informed choices cuts down on the fear factor. If you apply what you’ve just learned about Living Will, you should have nothing to worry about.

About the Author
By Anders Eriksson, proud owner of this top ranked web hosting reseller site: GVO


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