What is a Living Will, and Do I Need One?
I have had some questions recently about Living Wills. With COVID-19, and the concerns around it, it makes sense that people would be curious about what a Living Will does, and if it is beneficial to have one in place. It’s important to distinguish a Will from a Living Will. A Will involves distributing assets and property after someone dies. A Living will has nothing to do with assets or property. A Living Will ( also called an Advance Healthcare Directive) is an important document for End of Life Care. The purpose of a Living Will is to restrict, decline, or withdraw certain medical treatment when you are unable to make informed medical decisions AND you are terminally ill or in a permanently unconscious state. You should consider carefully whether you want to limit medical treatment under these circumstances. Much of the language and definitions below are from forms provided to legal practitioners by the Ohio State Bar Association.
What a Living Will Does
A Living Will is a legal document authorized by Ohio statute (R.C. §2133). Under Ohio law, a Living Will Declaration is applicable only to individuals in a terminal condition or a permanently unconscious state. If you wish to direct medical treatment in other circumstances, you should prepare a Health Care Power of Attorney. If you are in a terminal condition or a permanently unconscious state, this Living Will Declaration takes precedence over a Health Care Power of Attorney.
The Living Will allows you to choose to limit all forms of Life-sustaining Treatment. Life-sustaining Treatment is any medical procedure, treatment, intervention or other measure that, when administered to a patient, mainly prolongs the process of dying, including CPR, respirators, and nutrition and hydration. Your physician will have the authority, per your advance direction, to let you die naturally. Your physician will also have the authority, per your advance directive, to withdraw any such treatment if it is being administered.
If you are in a permanently unconscious state, you may choose not to receive nutrition and hydration if you specifically authorize the withholding or withdrawal of nutrition and hydration.
What a Living Will Does NOT Do
A living will does not allow family members to make the decision to provide Life-sustaining Treatment for you if you are terminally ill or in a permanently unconscious state, even if you have a healthcare power of attorney.
A living will does not allow your physician to withdraw treatment for Comfort Care. Comfort Care is any measure, medical or nursing procedure, treatment or intervention, including nutrition or hydration, that is taken to diminish a patient’s pain or discomfort, but not to postpone death.
When You Should Consider a Living Will
If you do not wish to receive Life-sustaining Treatment to prolong your life in the event you cannot make your wishes known and become terminally ill or permanently unconscious, you should consider executing a Living Will.
If you have not discussed your end of life wishes with your next-of-kin or Attorney-in-fact appointed under your Health Care Power of Attorney, or you are unsure if these individuals would act in accordance with your wishes, you should consider executing a living will.
You have the ability to revoke a Living Will if you choose to. You should also review your Living Will if your medical situation changes. Any changes should only be made with the assistance of a qualified attorney.
The information contained in this blog is general in nature and should not be viewed, and is not intended by the author to be viewed, as legal advice. For specific legal advice, please discuss your situation with a qualified attorney.