Living Wills
A living will states your wishes in the event you are terminally ill and can either no longer understand your options or communicate your desires. Most people create a living will in order to take the burden of making this decision from their loved ones. That said, some people prefer to specifically leave these decisions to their loved ones because they will be in the best position to make a decision at the given time. This document must be in writing and signed. In some states two witnesses are required instead of a notary.
Our living wills specifically cover two different situations: a terminal condition and a persistent vegetative state.
In order for the living will to be effective in the event of a terminal condition, four conditions must be met: (1) two doctors have diagnosed you with (2) a terminal condition and (3) stated they are prolonging inevitable. This means any actions they take (such as dialysis, chemo, surgery, etc.) may add a little extra time, but will not add any quality to your life. Finally, (4) you cannot effectively understand or communicate decisions about your health care. If you are still able to ‘squeeze once for yes and twice for no’, the living will will not be effective.
In order for the living will to be effective in the event of a persistent vegetative state, 3 conditions must be met: (1) two doctors have diagnosed you to be (2) in a persistent vegetative state. The diagnosis of a persistent vegetative state is complicated, but essentially you have been in a vegetative state for 30 days in a row. The final condition is that they are (3) prolonging the inevitable – so again, any action they take will not add quality to your life. There is not the stated condition of being unable to effectively understand or communicate decisions because that is inherent in the diagnosis of the persistent vegetative state.
For a more thorough explanation, contact our office at info@weeselawfirm.com or 913-706-8491 for a full estate planning consultation.
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