LIVING WILL: PROS AND CONS

A living will is more popular than ever. When former President Richard Nixon died, people who heard about his living will swamped professionals with calls. A 1991 law requires most health facilities to inform patients of their rights to spell out if they want life-sustaining care should they be unable to speak for themselves. Almost all states now recognize a living will.

What Is a Living Will?

A living will is your legal declaration of your personal wishes about extraordinary medical treatment in the event you become terminally ill or permanently unconscious. You may want to be kept alive by artificial means or heroic measures, or you may not -- and your living will states your preference.

Why You Need It

A living will allows death with dignity -- for example, to keep you from being hooked up fruitlessly, perhaps painfully, to life-support machines because of state law, custom or because you have no one to speak on your behalf.

Having your wishes expressed through a living will prepared by Springer & Pollock can avoid the extraordinary costs of futile treatments if you are terminally ill and cannot communicate your desires.

Dealing With a Living Will's Flaws

While a living will is a key health document, it also has serious limitations.

Generally, a living will comes into effect upon the certification by two doctors that you are terminally ill or permanently unconscious and cannot make your own decisions. Even then, doctors may ignore a living will or disagree on whether or not a patient is terminally ill.

Doctors are not obligated to follow the directives of a living will if they disagree with them. If the language in a living will is too vague or too specific, doctors may not be able to honor your wishes.

Springer & Pollock solves this problem by preparing another document known as a Power of Attorney for Health Care. This is a separate form included in the living trust estate plan package prepared by Springer & Pollock . It designates a close family member or friend to make medical decisions on your behalf after doctors have determined that you are unable to do so -- not just if you are terminally ill or permanently unconscious. The Health Care Directive drafted by Springer & Pollock is designed so that you can provide guidance on how those health care decisions should be made, depending on specific medical situations and common treatments.

Specifically Drafted Per Your Instructions

Some individuals have religious beliefs that preclude them from receiving certain types of medical care and treatment such as whole blood transfusions, transplants, cremation after death, etc. These restrictions should be clearly stated in your Directive to Physician (Living Will) and Durable Power of Attorney for Health Care. At Springer & Pollock, care is taken to assure that any special instructions from a client are clearly stated in both documents.

Selecting An Individual As Your Agent

In selecting an individual to act as your agent to make health care and life support decisions, give careful thought to who will abide by your wishes. You can select two or more individuals to serve as co-agents but it is not advisable. If you have co-agents and they cannot agree, it is like having no power of attorney or Directive to Physician at all. It is advisable to have a primary agent and alternate agent as a back-up. Married couples generally select their spouse as the primary agent then an adult child or close friend as an alternate.

Play It Safe

Though these declarations may never be used, having them as a standby is comforting. Springer & Pollock can provide you with a Living Will and Power of Attorney for Health Care suitable for use in your state.

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