The Purpose of a Living Will

To Comfort the Family

Purpose

The purpose of a living will encompasses so much in today's health care solutions that it has become a necessity. When researching, or considering, in home care, make sure all care documents are complete. Make sure your loved one's other legal documents are complete and up-to-date. Ensure your loved one is prepared for the future. Not all documents may be required.

However, the purpose of this important document is to detail the desires and preferences concerning medical treatment for your loved one in the event he or she should become unable to communicate their health care instructions. It is best to have a design when those final days come, and that is the purpose of a living will - to ensure that your loved one's final days are easy ones, for him/her and you, and the family. While each state allows the document , ensure that it conforms to the proper state's requirements.

Allowances

Most individuals believe the purpose of a living will is to detail the withholding of medical or life support treatment. True, it can do this; yet another purpose of a living will is to direct other medical or personal treatment. The living will allows a person to request certain treatment options, medical techniques, medical procedures and refuse others.

It is a good idea to have your loved one discuss which options he or she desires with their doctor. The doctor can assist in explaining the differing choices. The family lawyer may also be able to assist in this matter, but the doctor needs to be involved. Do not hesitate to discuss the many purposes of a living will with your loved one's doctor - he or she is there to help.

Remember, the edict does not take effect until the patient is medically determined not to be able to communicate with understanding, or is determined to be terminally ill, and unable to address their medical preferences.

Purpose of a Living Will and Durable Power of Attorney

As you progress and learn of the many differing legal documents and terms, you will eventually come across the durable power of attorney. Though the purpose of a living will is straight forward, the durable power of attorney requires a lot more thought and care if it is to be used.

The durable power of attorney, different from a medical or health care power of attorney, allows your loved one's designee to make decisions as detailed in the durable power of attorney. Moreover, it allows the surrogate to use their own judgment ; judgments that may not be your loved one's wishes. The durable power of attorney is valid until one becomes incapacitated, unless otherwise stated. If no criteria is presented for when the durable power of attorney should end, then it will do so when one becomes incapacitated (in most states). Again, please discuss this type of power of attorney with your legal representative.

The purpose of a living will is to specify your loved one's desires, but also to specify who should be the care agent. The medical power of attorney can be used to specify the care agent to make medical decisions on your loved one's behalf. If you or your loved one is seeking to establish an estate plan, it is best to have both documents. But ensure that you discuss both documents with the family lawyer.

Ensure that all medical and legal documents are clearly understood and clearly state what is desired.

Another objective of these documents is to keep family members from disagreeing with the types of treatments the loved one should or should not receive if he/she is unable to speak on their own behalf. Under current practices, doctors will only consult with family members concerning health care decisions. The intent of the two documents is to designate the spokesperson on behalf of your loved one.

Choosing Care Agent, Designated Surrogate, or Attorney-In-Fact

For the purpose of this discussion, choosing the care agent for a living will or power of attorney presents itself as the most important decision that will be made in this whole process. Whoever is chosen for this role, he or she must be a trusted individual.

Most individuals choose another member of the family. Whoever is chosen, the decision should be thoroughly thought out. The care agent should have no problems discussing the purpose of the living will or durable power of attorney with the loved one. Remember, the purpose of the living will and durable power of attorney is to ensure that the loved one's wishes are met.

At the time the living will is activated, the loved one is usually incapacitated - he or she can not speak for themselves. As such, the person considered as the care agent should be assertive and diplomatic, they should have purpose, as he/she will be representing the loved one to other family members, doctors, or may even have to go to court if a living will or power of attorney is contested. The care agent should be familiar with the relevant documents and should fully support the living will.

Keep all individuals involved in this discussion. Your loved one may want to provide to relatives, health care providers, and his/her friends the purpose of the living will and durable power of attorney, as well as executed copies. This will ensure everyone understands your loved one's desires.