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Advance Directives: Living Wills and Health Care Powers of Attorney

Medical advances have made it possible to keep people alive longer. This means many patients, families, and doctors have had to make some hard life-and-death decisions. Advance directives help ensure that these decisions are made by you.

Your Rights by Law
An advance directive is a legal document that tells others your wishes about your medical care when you are too sick to make your own decisions. The best way to do this is by writing directions in advance, when you are healthy and able to make decisions and express them.

What Is a Living Will?
A living will is a written statement. It tells your doctor and family what type of health care you will accept or refuse if you are not able to express your wishes.

A living will should be stated clearly in writing. That way, no one is confused about what you want. It deals only with medical care.

You do not need a lawyer to prepare a living will, although you may wish to consult one.

The living will goes into effect only if you have a terminal condition (you are dying) and cannot make decisions for yourself.

Do I Need a Living Will?
There may be a time when you are too sick to make decisions for yourself. For instance:

  • A car crash leaves you in a coma
  • You have a stroke and become paralyzed

Living wills can spare your family from being forced to make tough decisions for you.

When Should I Prepare a Living Will?
Only a small number of adults have prepared living wills.

It's best to prepare a living will when you are healthy.

How Do I Prepare a Living Will?
Forms for living wills are simple to fill out.

Before you fill out the forms, think about the choices you wish to make in your will.

Make a number of copies and give them to your doctors, family members and friends.

What Are the Limits of Living Wills?
You also should be aware that states have different laws about living wills. Laws in some states are stricter than in others about when a living will can be used.

Most states limit the rights of pregnant patients to refuse certain treatments — this protects the developing fetus.

What Is a Health Care Power of Attorney?
You may wish to prepare one more document — a health care power of attorney. In a health care power of attorney, you choose a person you trust to make your medical decisions for you when you cannot do so. They become your health care agent.

Finally...
Advance directives help make sure that you still have a say in your medical treatment if you can't speak for yourself. They state what you prefer and guide your family and doctors toward choices that you would make. Start by talking to your family and your doctor. Think about making a living will or having someone serve as your health care agent. By taking steps now, you can maintain some control over your future health care.

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