Declaration to Physicians (Living Will)

The Chucri Financial Team

November 17, 2022

Many people invest time creating their last will and testament to determine what should be done with their property when they die. And while dealing with the details of property management is important, it is of far greater importance that the person declares how he or she should be cared for if incapacitated. A person’s declaration to physicians or “living will” is an official statement that can legally determine the extended care he or she receives if medically incapacitated and terminally ill.

Creating a Medical Wish List

A living will is surprisingly simple document for the weight it carries in extreme medical situations. It outlines what steps should be taken by medical professionals if the principal (the person creating the living will) should have an unrecoverable illness or injury and is too incapacitated to make a statement.

Though a living will holds legality by requiring two witnesses (unrelated to the principal), the state is not required to make sure the living will is used; the obligation is on family or friends to reference the document. The state county will often provide legal storage for a living will, but it is not required. A living will exists as long as the paper it is printed on; a principal needs only to rip it up to legally destroy it. Keeping the document with the state grants more durability and requires a written statement for nullification.

Creating a living will has become a simplified process, with many people opting to use pre-written forms that require nothing more than a few checked boxes and signatures. Despite the ease of creation, a principal should carefully read and understand all the language of the living will.

Medical care directives commonly addressed by Living Wills:

Use of respirator
Resuscitation
Intravenous Nutrition
Surgery
Blood transfusions
Dialysis
Pain Killers in Terminal Situation

Adaptation by Power of Attorney

The most common controversies over the execution of a living will center on “terminal conditions” and “persistent vegetative states.” Since both statuses are determined by the attending physician, many relatives argue that a diagnosis is overly pessimistic or does not give the principal the slim chance they deserve. Though the final judgment of health is made by a doctor, a detailed living will can express a principal’s wishes for more exact scenarios. Living wills are an excellent starting point for determining medical care in extreme cases, but they are limited in scope and provide almost no flexibility. Because of the need for medical decisions in non-terminal situations, many people create “power of attorney” documents. Depending on how they are vested, power of attorney can allow a trusted individual to handle medical decisions as if they were the principal. If no one has been granted the powers of attorney, a de facto individual such as a spouse or parent might be given the legal power to make a decision.

Don’t Pass the Buck

Many times, people do not give much thought to creating a living will. They say that if the situation ever arises, they will not care about the decision to “pull the plug.” Ultimately, though, it is the family that carries the responsibility. Regardless of how unavoidable the result, a sense of guilt may be shared by anyone involved in the decision. Living wills are essential to an estate plan because they protect your choices and protect your family from having to make those choices for you.

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