Wills & Trusts News

Create And Discuss Your Living Will

Most of us might never have heard of Terri Schiavo if she had put her medical wishes in writing. The emotional case has many people across the country scrambling to get documents in place to spell out their wishes on life-sustaining treatment. This is not important only for the elderly; Schiavo, Karen Ann Quinlan and Nancy Cruzan—all high profile right-to-die cases—were in their 20s when they suffered brain damage. That's why legal experts advise that anyone age 18 or older should have these documents.

Advance Directives, a term for these documents, can go a long way toward helping family members who must make hard choices on behalf of loved ones who are unable to speak for themselves. The documents are also necessary for unmarried couples who want their partners, rather than a relative, to make medical decisions for them.

Advance Directives vary from state to state. Basically, you need two. A health care power of attorney lets you name a person or health care agent who would make medical decisions on your behalf if you became incapacitated. A living will allows you to express the life-prolonging measures you want, or don't want, if you fall into a persistent vegetative state.

You don't need an attorney to draw up documents, although some suggest that a lawyer can make sure your forms comply with state laws if you have questions. The forms are available from doctors, private and public hospitals, and Legal Aid.

One of the most important decisions you'll make is the choice of health care agent. This is your medical advocate for end-of-life treatment and for more basic care decisions, such as the choice of doctor. Choose someone who shares your values and would be able to carry out your wishes. Sometimes a spouse is not the best person to be the health care agent because they may become too emotional. You want someone who could remain objective despite their own personal desires for the patient. Persons who are not permitted to serve as a health care agent include your treating health care provider, and owners and employees of health care facilities.

But even with the right documents, there's no guarantee that your wishes will be carried out. Relatives can challenge medical decisions in court. And hospitals are reluctant to act on a health care agent's decision if family members are fighting it, according to some experts. Sometimes, health care agents just don't understand patients' wishes. A 2001 study by the University of California in Irvine found that surrogate decision-makers—typically spouses and adult children—failed to accurately predict a patient's wishes for medical treatment nearly one third of the time. Their predictions were no more accurate even when they had read the living will and discussed it with the patients. Most erred on the side of over-treatment.

That's why after getting the documents, the next crucial step is letting your doctor, family members, and health care agent know what care you would want. Sometimes, families won't want to hear apparent or adult child discuss their own death, but don't give up. Keep trying to have the conversation. The more you talk to them about your medical wishes, the more likely they will understand what you want and fulfill them. This is not a one-time conversation. Often as one gets older, views on life-prolonging measures change.

Don't put an Advance Directive in a safe-deposit box. The bank might be closed when your health care agent needs the document. And access can be delayed if only your name is on the safe-deposit box. Instead, keep one copy for yourself and give others to your health care agent, doctor, lawyer, hospital, and family members. People need to review their documents at least every five years to make sure they are up-to-date.

Contact our Massachusetts Wills & Trusts Lawyer Now!