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Why you should have a living will and how to get one
Before he was deployed overseas for the Iraq war in 2003, Army reservist Don Morrison filled out military forms with instructions about where to send his body and possessions if he were killed.
Today, Morrison is 70 years old. He says that filling out those forms was the first time he’d been forced to face his own mortality head-on.
Fortunately for most of us, we’re not faced with that kind of life-or-death situation. Unfortunately, though, about two-thirds of us have given absolutely no thought to what will happen if we become incapacitated due to illness or injury.
How do we wish to be treated if we are terminally ill or otherwise unable to speak for ourselves? And who, exactly, will be there to make sure our wishes are carried out?
According to one study, the need for a surrogate decision maker happens in nearly half of all hospitalizations. Yet most of us are leaving things completely to chance.
Why is that?
Well, we’re reluctant to talk about the end of our life, let alone plan for it. Seems like tempting the fates.
In reality, though, it is one of the smartest things you can do, not only for your benefit but for the peace of mind and well-being of your family and friends.
There are two documents known as advance directives that every adult, young or old, should have in their possession. Here’s some information on why it’s so important, and how easy it really is to make it happen.
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Your living will: take control over your future health care
A living will is a legal document that allows you to specify what actions should, and should not, be taken for your health if you cannot make or communicate these decisions for yourself.
Often, a living will describes what kinds of measures you wish to be taken (or not) in order to keep you alive, should you be completely incapacitated.
For example, my living will states that, if I am incapacitated or brain dead, and at least two doctors say there is no hope of recovery, I wish to be kept out of pain, which includes pain medication and food and water.
However, I don’t want what is often called “extraordinary measures” being taken, simply to prolong my life. An example would be the use of a ventilator.
While there are “do-it-yourself” kits out there that allow you to write a living will in an hour or two, it’s best to work with an attorney. Having someone experienced and impartial there while you draw up these documents can take some of the stress out of the process.
A living will that’s valid in one state is normally valid in another. However, it’s always best to double check to make sure your living will is legal and will be honored in other states you plan on visiting, or where your family lives.
Also, the term “extraordinary measures” is one you should be familiar with, and that a lawyer can help you navigate.
Read: How to get the best healthcare from your health practitioner
‘Extraordinary measures’ is not just something that you get to define. Different healthcare providers may interpret it differently, and in ways that will not always match up with what you have in mind.
A lawyer who is experienced in writing living wills can help you zero in on what you really want and don’t want, and help you to express it in a way that makes it more certain your wishes will be carried out.
Generally speaking, ‘extraordinary’ measures are medical or surgical procedures intended simply to prolong life, rather than to make life more comfortable and less painful.
A healthcare power of attorney: the person who makes it happen
Having a person you can rely on to interpret and defend your wishes when the time comes is vitally important as well.
A medical power of attorney, also known as a healthcare power of attorney or healthcare proxy, is the document that appoints someone to make all healthcare decisions for you if you’re not able to do so.
Who should you choose for this role? It’s not always your family member or even a close friend. You want someone who:
- will make decisions based on your wishes, even if those wishes make them personally uncomfortable
- can talk to medical providers with confidence, and ask questions
- will question any procedure or treatment that doesn’t seem to fit with your wishes
- can stay calm in a crisis
Sometimes, a person’s emotional connection to you could actually get in the way of all of these things.
Once you decide on someone, the paperwork is fairly simple and can be done through a lawyer.
It’s important to note that both of these documents — your living will and healthcare proxy — can be re-done or changed at any time.
Sources:
- How to Choose a Medical Power of Attorney — Kendal at Home
- Scope and outcomes of surrogate decision making among hospitalized older adults — JAMA Internal Medicine
- Approximately One In Three US Adults Completes Any Type Of Advance Directive For End-Of-Life Care — Health Affairs
By Joyce Hollman
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