Our last post focused on the Healthcare Power of Attorney and the powers that it gives your agent. As opposed to a Healthcare Power of Attorney, a Living Will is a legal document, as part of your estate plan, which spells out your end-of-life healthcare wishes. While we saw in the last post that only one-third of the American population had a designated healthcare power of attorney, less than one-third of the population had completed a Living Will that contains end-of-life care wishes.
Your Living Will applies when you are alive, but unable to communicate. It can “speak” for you if your Agent under your healthcare directive is not available or you do not have one appointed. The National Institute on Aging poses the following questions when formulating an advanced care plan, “Is your main desire to have the most days of life? Or, would your focus be on quality of life, as you see fit?” These questions require you to think about your values and your desires for the end of your life. Some of the other questions you should consider are:
Whether you want treatment to extend your life in any situation?
What would you want to happen if you can no longer breathe on your own or feed yourself?
What types of pain management medications or procedures would you want?
Are you comfortable with a ventilator if you are unable to breathe on your own, and for how long?
What type(s) of palliative or comfort care do you prefer? and
Do you want to a DNR (do not resuscitate) order for your care?
Additionally, your Living Will can also include instructions for after death including whether you want your organs and tissue donated, or whether you want to donate your body for science.
Of course, no advanced directive can predict every possible scenario and the questions provided here are not exhaustive. For that reason, it is very important to take the time to think about your end-of-life wishes and about the person whom you trust to make decisions which align most closely with your values and wishes. While this self-introspection is certainly not easy, advanced care planning can help honor your end-of-life wishes while providing clarity for your loved ones during an unsettling time.
If you are interested in drafting your Living Will or have any questions about estate planning or elder law, please contact Attorney Lauren Kaplan at lkaplan@curlerlaw.com or (312) 952-1077 for a free 30 minute consultation.