Living Will

A living will may not be able to do all that you think it can, or cover all of the gray areas ...

With all of the right to life and end of life issues that we have heard about in Congress and the media recently, the living will topic has proven itself to be a hot one. The difficult situation faced by Terri Schiavo's family played itself out in the media for all to see. The sensitive questions raised by this event made their way to Congress where passionate debates on both sides mirrored those that raged in the public. Some of the turmoil of this case could have been prevented with a simple legal document.

The most common questions surrounding a living will concern who should have one and what they do. I work in the legal field but I am not a lawyer. This means that you cannot take what I say here as legal advice. Having said that, it is my opinion, which based on experience, that a living will does not do all that people may think that it can. 

If you have serious concerns about whether your wishes about medical care will be respected, you should give some serious thought to putting a health care power of attorney in place. A health care power of attorney can get very specific when it comes to how you want to be treated in the event that you are seriously ill or incapacitated. If you do happen to become incapacitated, you will want someone that you trust to make decisions for you. This is where a living will drops the ball. 

A friend or loved one may only be able to access your important medical information in order to make informed decisions on your behalf if they have power of attorney. In 1996 congress passed a law commonly known as HIPAA that requires a patient's consent before any medical information can be released to a third party. A living will can not get someone access to this information. A doctor or hospital may not honor your wishes as laid out in a living will.

A living will does not designate whom you wish to act for you if you are unable. A living will may simply state your wishes with respect to organ donation and life support issues. There appears to be a gaping gray area in which a patient may be ill but has some hope of recovery. A living will may not be able to cover the gray areas and decisions are much more difficult to make when things are gray and not black and white. 

If you are thinking about creating a living will for yourself or a loved one, I strongly suggest that you speak with a lawyer about the effectiveness of a living will versus a health care power of attorney. You may end up spending a bit more money in the process but you will be afforded with, potentially, much more freedom for yourself and your loved ones in the event that you become seriously ill and need an advocate.

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