Living Will

[jayerose]

and yes, I am aware that I should always check with a lawyer....but....

does anyone know if (1) a next-of-kin can be the last deciding person on what happens to someone; example, if I have a living will to not keep me alive by machine, can my husband still do so at that time if I am in a vegetative state?

and (2) according to what I can find outline, just two witnesses are required for a living will, and it does not need to be notarized?

thank you!

[Two Bills]

Where there is ambiguity, or a possibility of non-compliance with your wishes, a notarized legal document is the only sensible solution.

[Ralphy]

When my mother was in the hospital, they asked my sister and me if we wanted to honor her living will.

[retiredguy123]

I don't have anything against preparing a living will, but I think the value of a living will is overstated. In most cases, the doctors will do what they think is correct regardless of what the living will says. In some cases, the living will can make a difference.

[rjm1cc]

It might depend in part on the hospitals policy. Remember the institution will need a copy of your living will so you will have to take it to the hospital. I would email the hospital you might go to in an emergency and ask them for their form and instructions.
Does not have to be notarized. Two witnesses but one cannot be a spouse or blood relative. In theory your written instructions should not be overridden.

[OrangeBlossomBaby]

Don't forget, if you know someone you can trust with these decisions on your behalf, you can make a Durable Power of Attorney for Medical Decisions.

[Shelbyh]

I don't have anything against preparing a living will, but I think the value of a living will is overstated. In most cases, the doctors will do what they think is correct regardless of what the living will says. In some cases, the living will can make a difference.

Doctors cannot do anything they want if you have a living will and/or power of attorney.

[retiredguy123]

Doctors cannot do anything they want if you have a living will and/or power of attorney.
I didn't say they can do anything they want. I said they will do what they think is correct, based on their assessment of the patient's condition and needs. When you are in a hospital, the doctors have a lot more flexibility than what is written on a piece of paper. In most cases, a living will protects the hospital more than it protects the patient.

[RICH1]

If you know me, you would unplug me... People do bad things for money.

[Nell57]

My attorney has the original copy of my documents.
Once my children give her written documents from two doctors, stating that my condition is irreversible , she will give them my Living will/Durable Power of Attorney.
Mary Trotter is my attorney.
And my kids have copies of all of her contact information.

[bowlingal]

get a lawyer and ask these questions.....NOT on here!

[jojo]

Be sure you have a Do Not Resuscitate order. In Florida it must be printed on yellow paper. We have both a living will and DNR on file with the hospital.

[DaddyD]

I don't have anything against preparing a living will, but I think the value of a living will is overstated. In most cases, the doctors will do what they think is correct regardless of what the living will says. In some cases, the living will can make a difference.

Respectfully, generally-speaking this is not true.

Patients over 18 yrs old (i.e., adults) who are MENTALLY COMPETENT (this is an important distinction) can refuse medical treatment, and legally the doctor/hospital is required to respect the person's wishes. In fact, patients can refuse to eat and drink (referred to as "VSED") and the hospital cannot force them to do otherwise or insert a feeding tube.

Are there instances where a doctor or hospital do procedures that go against a patient's wishes? Of course there are cases of this. Too often doctors feel like any other outcome other than saving a patient's life is "losing", and as doctors they've been trained to save lives. But generally speaking, they will honor your wishes, as long as the person is mentally competent and/or have friends/family members who are legally able to make medical decisions for the patient.

The larger problem is this--a patient is in the hospital and is unable to communicate their wishes. In this case the doctor / hospital will go into "CYA" (Cover Your Ass mode) and do everything medically possible to save the patients life, even if the patient is unlikely to recover and have a good quality of life afterwards.

I can't stress enough how important it is for EVERYONE--regardless of age--to have a Living Will / Advanced Directive form filled out (along with a DNR if you so wish) & have the original copy easily accessible. Likewise it's extremely important to have a friend or family member with Medical Power of Attorney over you who is able & willing to advocate for you & make sure that the doctors / hospital understand & follow your wishes. Of course in order for them (your POA) to be able to do that, you need to have a long & detailed conversation with them so that they actually know what you want & similarly do NOT want when it comes to medical directives.

[retiredguy123]

Respectfully, generally-speaking this is not true.

Patients over 18 yrs old (i.e., adults) who are MENTALLY COMPETENT (this is an important distinction) can refuse medical treatment, and legally the doctor/hospital is required to respect the person's wishes. In fact, patients can refuse to eat and drink (referred to as "VSED") and the hospital cannot force them to do otherwise or insert a feeding tube.

Are there instances where a doctor or hospital do procedures that go against a patient's wishes? Of course there are cases of this. Too often doctors feel like any other outcome other than saving a patient's life is "losing", and as doctors they've been trained to save lives. But generally speaking, they will honor your wishes, as long as the person is mentally competent and/or have friends/family members who are legally able to make medical decisions for the patient.

The larger problem is this--a patient is in the hospital and is unable to communicate their wishes. In this case the doctor / hospital will go into "CYA" (Cover Your Ass mode) and do everything medically possible to save the patients life, even if the patient is unlikely to recover and have a good quality of life afterwards.

I can't stress enough how important it is for EVERYONE--regardless of age--to have a Living Will / Advanced Directive form filled out (along with a DNR if you so wish) & have the original copy easily accessible. Likewise it's extremely important to have a friend or family member with Medical Power of Attorney over you who is able & willing to advocate for you & make sure that the doctors / hospital understand & follow your wishes. Of course in order for them (your POA) to be able to do that, you need to have a long & detailed conversation with them so that they actually know what you want & similarly do NOT want when it comes to medical directives.
Thank you. I would just add that, obviously, if the patient is conscious and mentally competent, they can refuse treatment, and even leave the hospital, if they want. In that case, they don't need a living will.

As a followup, I read several sample living wills, and they all leave the final decision up to two physicians. So, even if the patient signs the living will, the doctors still make the final decision. I don't have a living will and I have not yet decided to sign one.

[Jack58033]

Shands in Gainesville had a directive form which spelled out your wishes to be signed by your doctor. See if a social worker at the Villages hospital can guide you.and show you the form.

[OrangeBlossomBaby]

For those who insist that their wishes "must" be honored - I beg you to do a search for Terri Schiavo - who was in a coma for 15 years and the family and hospital were split on "what to do" about her, and it was HUGE UGLY lawsuit with politicians getting involved. It happened in Florida. Without breaking rules of the forum - it's possible we will be *at risk* of more of these situations in the near future.

Do whatever you need, to ensure that your wishes are not only put in writing, but that you have someone assigned to speak on your behalf if you are no longer able to speak on your own.

[ThirdOfFive]

Best advice. See an attorney.

[GoldenBoy]

Better make sure the documents you are dependent on are universal. What is legal in Florida may not work out the way you intend in Texas or Pennsylvania or wherever you happen to be when the River Styx boatman comes for you. States can have different laws, forms and requirements. You can't always be sure you will need the living will in the state you draw them up in. Talk with an attorney.
And don't forget the States that may have over reaching religious groups plugged into state governments mandating special medical treatment.

[Bill14564]

For those who insist that their wishes "must" be honored - I beg you to do a search for Terri Schiavo - who was in a coma for 15 years and the family and hospital were split on "what to do" about her, and it was HUGE UGLY lawsuit with politicians getting involved. It happened in Florida. Without breaking rules of the forum - it's possible we will be *at risk* of more of these situations in the near future.

Do whatever you need, to ensure that your wishes are not only put in writing, but that you have someone assigned to speak on your behalf if you are no longer able to speak on your own.

In the Schiavo case there was no living will. Her case stands as an example of why you should have a living will to explicitly state your wishes.

Naming someone to speak on your behalf is very important as well. There is an article today in the Wall Street Journal about a case where the person named did not agree with the wishes stated in the living will and delayed removing the extreme measures for a year.

Things can go wrong even with the living will and a person named to speak on your behalf. However, things can go even more wrong if these are not in place.