A living will is a direction, signed in advance of its need, to medical personnel as to the types of treatments he is willing or unwilling to receive if he later suffers from a terminal illness or irreparable brain damage. This document's importance became clear in the Terry Schiavo litigation in 2005.

A living will may identify the conditions under which life support should be removed, and may direct medical personnel to withhold artificial respiration, nutrition, or hydration if the administration of such services would merely delay death. A living will is a critical document which is intrinsically tied to your personal moral and ethical belief system.

If your belief system guides you to choose life at any cost, a properly drafted living will stating your preferences, should remove any ambiguity in the decision making of your family members and physicians.

The highly-publicized and highly-controversial death of Terry Schiavo highlighted the importance and utility of living wills more than any treatise could have ever done. Ms. Schiavo did not have a living will, and may have made conflicting verbal statements over the years, so her family was left to argue over what she would have wanted. A well drafted living will takes the decision away from your family and makes the decision yours.

Living Will Tips
  • A Living Will is more likely to be enforced if you have a health care agent advocating on your behalf. You can name such an agent by executing a health-care power of attorney. For more on the health-care power of attorney, click here.
  • Hospitals are a very good source for information on living wills. Another excellent source is Partnership for Caring (www.partnershipforcaring.org), which offers downloadable, state-specific living wills free of charge. The forms are continuously updated and reflect legislative changes in each state.
  • Discussing your living will with close family members is almost as important as the document itself. Give a copy of your Living Will to your family doctor. Sometimes, a hospital may be hesitant to comply with medical directives that family members object to, even if the actions are authorized or required by a living will, so be clear in telling your family your wishes.
  • Living wills are not just for the elderly - everyone should have one. Disaster can strike at any age - Terry Schiavo was a very young woman when she initially collapsed.
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