Living Wills
A living will is a legal document you can use to express your wishes about the use of life-sustaining treatment if you should become terminally ill or permanently unconscious.
Q. What does a living will do for me?
A. A living will becomes effective only when you are unable to communicate your wishes and are permanently unconscious or terminally ill. It states whether or not you want life-support technology to be used to prolong your dying and gives doctors the authority to follow your instructions regarding the medical treatment you want under these conditions.
Q. If my living will says I don’t want to be kept alive on life-support equipment, do I still get pain medication?
A. Yes. A living will only specifies what measures are used to artificially or technologically postpone your death. It does not affect care that eases pain.
Q. Can I specify that I do not want cardiopulmonary resuscitation (CPR)?
A. Yes. The standard living will form specifically allows you to direct your physician to write a DNR (do not resuscitate) order for you if two doctors have agreed that you are either terminally ill or permanently unconscious, and it is medically appropriate.
Q. Who decides that I am dying or permanently unconscious without hope of recovery?
A. If you have decided that you do not want to be kept alive by artificial means, your living will states that two doctors must examine you, agree that you are beyond any medical help and agree that you will not recover.
Q. I am only 25, why do I need a living will?
A. Whether you are 25 or 75, a living will and durable power of attorney will provide you and your family with peace of mind knowing that your wishes will be followed. If you have not executed these documents, your family may have to struggle with both the legal and emotional burdens associated with the situation.
Q. Would my family be notified before doctors stop life-support treatments?
A. Yes, in most cases your family would be notified of the decision to stop life support treatments. While doctors do not need your family’s permission to follow the instructions provided through your living will, they are required to make reasonable efforts to notify the person named in your living will before following your instructions. If the person notified feels your living will is not being properly followed, or is not legally valid, an immediate hearing can be scheduled in probate court to decide if there is a legal reason why your instructions should not be followed. By law, no one can change or overrule your living will if it was freely and correctly executed.
Q. Can I specify that I want my feeding and fluid tubes to be removed?
A. Yes. If you want to allow your doctor to withhold artificial nutrition/hydration in the event you become permanently unconscious, you must expressly state this in your living will. However, you do not need to give any special instructions to allow your doctor to withhold nutrition and hydration if you are in a terminal condition and these measures do not comfort you or relieve your pain.