A living will (also called an advanced directive or a directive to physicians) is a document that outlines instruction for your medical care in the event that you are incapacitated and unable to make these decisions for yourself. A living will does not take effect until you are incapacitated. Until then, you are able to say what treatments you do or do not want. A living will can specify which treatments and procedures you do not want performed and give consent to treatments and procedures you do want performed. One of the directives of a living will is to state whether or not you would like to receive life-sustaining support when you are in a vegetative state and when there is no reasonable medical probability of recovery.

If you don’t have a living will, the laws in your state will decide who will make your health care choices. A living will helps prevent confusion and disagreements about your medical care. With your wishes in writing in a signed living will, no one can legally override the directives you have outlined.

A medical power of attorney is often completed in conjunction with a living will. A medical power of attorney gives the person you name as your agent the authority to make any and all health care decisions for you in accordance with your wishes, including your religious and moral beliefs, when you are no longer capable of making them yourself. Your agent has the power to make a broad range of health care decisions for you. Your agent may consent, refuse to consent, or withdraw consent for medical treatment. Your agent’s authority begins when your doctor certifies that you lack the competence to make health care decisions. If you don’t have a medical power of attorney and become incapacitated, a judge will decide who makes decisions regarding your medical care

Living Will Template / Example

One of the best ways to understand a living will is to see one. Here is a sample of a living will template created by one of the nation’s top estate planning attorneys that works closely with the American Society for Asset Protection:

DIRECTIVE TO PHYSICIANS AND FAMILY OR SURROGATES FOR JOHN DOE

Instructions for completing this document:This is an important legal document known as an Advance Directive. It is designed to help you communicate your wishes about medical treatment at some time in the future when you are unable to make your wishes known because of illness or injury. These wishes are usually based on personal values. In particular, you may want to consider what burdens or hardships of treatment you would be willing to accept for a particular amount of benefit obtained if you were seriously ill. You are encouraged to discuss your values and wishes with your family or chosen spokesperson, as well as your physician. Your physician, other health care provider, or medical institution may provide you with various resources to assist you in completing your advance directive. Brief definitions are listed below and may aid you in your discussions and advance planning. Initial the treatment choices that best reflect your personal preferences. Provide a copy of your directive to your physician, usual hospital, and family or spokesperson. Consider a periodic review of this document. By periodic review, you can best assure that the directive reflects your preferences. In addition to this advance directive, my State of Residence may provide for two other types of directives that can be important during a serious illness. These are the Medical Power of Attorney and the Out-of-Hospital Do-Not-Resuscitate Order. You may wish to discuss these with your physician, family, hospital representative, or other advisers. You may also wish to complete a directive related to the donation of organs and tissues.

DIRECTIVE

I, John Doe, recognize that the best health care is based upon a partnership of trust and communication with my physicians. My physician and I will make health care decisions together as long as I am of sound mind and able to make my wishes known. If there comes a time that I am unable to make medical decisions about myself because of illness or injury, I direct that the following treatment preferences be honored:

  • 1.If in the judgment of my physician, I am suffering with a terminal condition from which I am expected to die within six months, even with available life-sustaining treatment provided in accordance with prevailing standards of medical care:

    I request that all treatments other than those needed to keep me comfortable be discontinued or withheld and my physician allow me to die as gently as possible.

  • 2.If, in the judgment of my physician, I am suffering with an irreversible condition so that I cannot care for myself or make decisions for myself and am expected to die without life-sustaining treatment provided in accordance with prevailing standards of care: :

    I request that all treatments other than those needed to keep me comfortable be discontinued or withheld and my physician allow me to die as gently as possible.

  • 3.Additional requests: (After discussion with your physician, you may wish to consider listing particular treatments in this space that you do or do not want in specific circumstances, such as artificial nutrition and fluids, intravenous antibiotics, etc. Be sure to state whether you do or do not want the particular treatment. _____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

After signing this directive, if my representative or I elect hospice care, I understand and agree that only those treatments needed to keep me comfortable would be provided and I would not be given available life-sustaining treatments. If I do not have a Medical Power of Attorney, and I am unable to make my wishes known, I designate the following person(s) to make treatment decisions with my physician compatible with my personal values:

Name: _____________ _________ ___________________

Name: _____________ _________ ___________________

(If a Medical Power of Attorney has been executed, then an agent already has been named and you should not list additional names in this document.) If the above persons are not available, or I have not designated a spokesperson, I understand that a spokesperson will be chosen for me following standards specified in the laws of ___Insert Name of State___. If, in the judgment of my physician, my death is imminent within minutes to hours, even with the use of all available medical treatment provided within the prevailing standard of care, I acknowledge that all treatments may be withheld or removed except those needed to maintain my comfort. I understand that under _____Insert Name of State_____ law this directive has no effect if I have been diagnosed as pregnant. This directive will remain in effect until I revoke it. No other person may do so.

Dated: ___________________

Name: _______________________________________________

John Doe, Testator

Address:____________________________

City of Residence: ____________________

State of Residence:___________________

County of Residence: _________________

Two competent adult witnesses must sign below, acknowledging the signature of the declarant. The witness designated as Witness 1 may not be a person designated to make a treatment decision for the patient and may not be related to the patient by blood or marriage. This witness may not be entitled to any part of the estate and may not have a claim against the estate of the patient. This witness may not be the attending physician or an employee of the attending physician. If this witness is an employee of a health care facility in which the patient is being cared for, this witness may not be involved in providing direct patient care to the patient. This witness may not be an officer, director, partner, or business office employee of a health care facility in which the patient is being cared for or any parent organization of the health care facility.

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Witness Signature

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Witness Name Printed

Witness Address: ___________________________________

Witness Signature
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Witness Name Printed

Witness Address: ___________________________________


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