LIVING WILLS LAWYER

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Because a living will involves complicated medical issues, consultation with a doctor may help clarify different treatment types and assist the patient in making living will decisions.
Living Wills: Introduction - Findlaw for the Public -

A durable power of attorney differs from a living will in that it may direct the attorney-in-fact to carry out the living will's instructions or it may allow the attorney-in-fact to use his or her own judgment.
However, a living will cannot take effect legally unless the patient is medically determined to be in a permanent vegetative state or terminally ill, and therefore unable to communicate medical preferences.
Some people do not complete living wills because they worry doctors could let them die when there is still a chance for recovery.
The first living wills helped people who wanted a natural death unattended by artificial life support and other advanced medical techniques.
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Living Wills: Introduction Editor's Note: FindLaw's Living Wills section includes more information on this topic, including sample forms.
Without a living will or durable power of attorney, family members may end up arguing over what treatments should or should not be provided.
Instead, a living will (which also may be known as a healthcare directive or directive to physicians) is a document that expresses a person's desires and preferences about medical treatment in case he or she becomes unable to communicate these instructions during terminal illness or permanent unconsciousness.
While many choose to issue that type of instruction, a living will also allows a person to ask for all available treatment options and medical techniques, or to choose some medical options and reject others.
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What Can a Living Will Cover?Many people believe that living wills only direct health care providers to withhold treatment.
Doctors will only consult family members on health care decisions; if a person prefers that a friend or unmarried partner participate in his or her health care decisions, a living will and durable power of attorney enable that person to have a say.
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While living wills are allowed in all states, they sometimes must follow certain formalities to be effective.
Durable Power of AttorneyA durable power of attorney can perform some of the functions of a living will.

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If you sign a living will, your family and your doctor will know who to talk to about your care or what kinds of treatment you want or don't want when you are too sick to decide.
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Living wills also are sometimes called advance directives and durable health care powers of attorney.

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Living Wills
Most statutory Living Wills require that the patient be in a or "permanently unconscious" condition before life support can be withheld.
IS A LIVING WILL?  A Living Will is a document that expresses your desires regarding life-prolonging medical treatment.
STATUTORY LIVING WILLS: A general Living Will is a document that may say anything you wish about your treatment.
A Living Will may also be known as a "Directive to Physicians", Care Directive, Document", or other name according to local state law.
In the states that have laws prescribing the form and content of a Living Will you just have to follow the form set out in the law.
All 50 states have laws providing for some form of DPOA WHEN SHOULD I MAKE A LIVING WILL? If you desire to state your preferences regarding medical treatment do so before you are ill.
It tells your doctors and family what your choices are with respect to the use of life support systems in the event you develop an incurable or irreversible condition that prevents you from living a meaningful life.
WILL MY LIVING WILL BE HONORED? Most states (42 in 1991) have enacted laws which deal with living wills.
If you live in a state that has a Living Will Statute and you follow the forms prescribed by that law, your wishes should be honored.
The DPOA has the advantage of being broader than the living will; it can provide for decisions other than those involving terminal conditions.
Various publications are available giving information on Living Will forms for different states and even for generic living will declarations.
Note that when possible your Living Will should be prepared according to the law of the state you are being treated in and not necessarily your state of legal residence or domicile There may be some situations when a doctor or hospital will refuse to honor a Living Will and court action to enforce it may be necessary.
Note a Living Will should be distinguished from a Will which is a document that determines how your property is to be distributed (among other things) after your death.

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Olaf College   A living will is a document that states that one does not want medical intervention if the technology or treatment that keeps one alive cannot offer a reasonable quality of life or hope for recovery (see example of living will).
Living wills do virtually nothing to reduce patient suffering, because doctors and hospitals ignore them.
Forty-eight states recognize durable power of attorney, 47 states recognize living wills, and 23 states have statutes for surrogate decision making.
If considering a living will, one should check to make certain that such a will is legal in the state of residence.
Despite a growing acceptance of living wills, the issue is still complicated by emotion and questions of when a will should be invoked.
It is thought that between 12% and 20% of the population have completed living wills or durable powers of attorney for health care (Maddox, 1995:26.
All states have legislation authorizing the use of legal documents such as living wills and durable powers of attorney for health care (sometimes referred to as health care proxy, surrogate, agent or attorney-in-factor), which together are known as advance directives.
Living Wills
According to Ken Wibecan (1992), the two most common of these directives are the living will and the durable power of attorney for health care.
Furthermore, Miles and August (1990) have demonstrated that the courts have a gender bias in the forced implementation of living wills.
Others cannot even distinguish living wills from "do not resuscitate" (DNR) orders-a situation that has caused the deaths of healthy and alert people who have not suffered cardiac or pulmonary arrest (Stone, 1994).

In another study by Almgren (1993) in which 140 nursing home directors of nursing were interviewed, it was discovered that the competency of the patient and type of nursing home ownership were the primary factors influencing decisions to withdraw nutrition from terminal patients--the fact a patient had signed a living will had little influence on these decisions.
The latter names a surrogate decision maker with legal authority to consent (or refuse consent) for medical treatment should the patient lack competency for making such decisions.

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Frequently Asked Questions about Living Wills Q: What is a living will? A: A living will is a document listing your written instructions that will be used as a guide for the level of healthcare you wish to receive in the event that you become incapable of participating in your own medical treatment decisions.
To enhance your knowledge about living wills and related matters, please review the content below or contact our office to get in touch with an experienced member of our legal team.
Q: If I already have a will do I need a separate living will? A: A typical testamentary will establishes the distribution of your property between your heirs at your death.
Living Wills Resource Links Compassion in Dying Federation - Patient Support and Advocacy.
1960s Luis Kutner, a notable human rights attorney from Chicago, is credited for creating the original living will in 1967.
Advance directives, also known as living wills, appeared in the 1960s and have continued to evolve over the last 40 years.
The overarching purpose of a living will is to allow a trusted decision-maker to prevent those who are unconscious or near death from enduring unwanted healthcare treatments.
Living Wills Attorney in New York The creation of a living will can ensure that your wishes are known even in the event that you are unable to communicate.
Withdrawing or Withholding Specific Medical Treatments Many people mistakenly believe the only purpose of a living will is to prevent unwanted medical treatment in the event of a life-threatening illness or injury.
Living will decisions balance the benefits of potential intervention against the quality of life burdens that may result from care.
This resource provides information regarding the Five Wishes Living Will that details medical treatment directives as well as spiritual and value based directives.
Health care providers have a duty to follow the wishes documented in your living will, as long as the treatment requested provides medically effective care, and does not violate generally accepted medical standards or hospital policy.
Read More History of Living Wills Today all 50 states and the District of Columbia recognize living wills as legal documents.
Resources and information to support those who are the assigned decision-makers for complex healthcare decisions.
Read More Purpose of a Living Will / Advance Care Directives How do you feel about being placed on a ventilator? Would you consent to life-saving surgery if you were already suffering from advanced stages of Alzheimer's? In 1999, the Journal of the American Medical Association reported that people suffering from terminal medical conditions often fear the potential burden faced by loved ones making end-of-life decisions on their behalf.
When considering drafting a living will, patients must understand and discuss complex medical treatments with their doctor.
Nassau County Living Wills & Trusts Lawyer | Queens Advanced Care Directive Attorney | New York, Suffolk, Manhattan, Brooklyn, Lynbrook, NYC
As social awareness grew from personal experience, legislators were inspired to legally recognize living wills.
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Our firm knows the importance of an effective living will and the impact that no living will can have on a family.
Living Wills - An Overview Unexpected trauma or serious illness often brings family members together for the first time in years.
To discuss how we can help you compose a living will, contact the Law Office of Elliot S. Schlissel today. Do not risk having your wishes unknown in the event that you cannot communicate them yourself. Let a Nassau County, New York attorney at our firm help you establish a living will and estate plan today.
However, a living will also provides the option to specify treatment, procedures, or therapies to be undertaken in certain circumstances.
Read More Legal and Ethical Issues Surrounding End of Life Decisions Living wills are legal in all states, but requirements for creation and use vary from state to state.
This resource provides information and advocacy resources for patients and family members who are dealing with end of life issues.