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The
Center for Financial, Legal & Tax Planning, Inc. |
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Other Advisories
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The
Living Will Introduction Health
care documents have been given a lot of press lately. Months after the Theresa Maria (Terri)
Shiavo case, people are still inquiring about living wills. Many people have concerns regarding what a
living will is, whether or not they need one, how to get one, and what other
documents they need. This Advisory will
answer those concerns. What
is a Living Will? A
living will differs from a will! A
living will is a legal document that describes a person’s desires regarding
medical care in the event that person is unable to make a medical decision
when either death or a perpetual vegetative state is imminent. Usually, a living will directs a doctor or
end of life care giver to end treatment and/or nutrition and hydration when
death or a vegetative state is a certainty.
It does not allow a proxy to make health care decisions for you as a
power of attorney does. Most if not
all states, will allow a patient to end treatment in end of life
situations. However, the states are
split regarding whether the patient can have nutrition and hydration
removed. In Do I
Need a Living Will? When
patients are faced with imminent demise, U.S. Supreme Court precedent
establishes that a doctor cannot end care, nutrition, or hydration without
clear and convincing evidence establishing the fact that the patient desires
death as to living in a vegetative state.
To establish clear and convincing evidence, a trip to court may be and
is probably required in most circumstances when a living will is not
present. Therefore, a living will is an
extremely good idea to express your intentions, whatever they may be. It is my recommendation that everyone not
wishing to live in a vegetative state have a living will on file with a
hospital or it be carried with you. How is
a Living Will Implemented? Implementing
a living will is extremely easy. Many
lawyers draft and execute living wills.
The Center for Financial, Legal & Tax Planning, Inc. can draft and
execute living wills upon request.
Once a living will is drafted and executed, it then only needs to be
put on file and be available to a hospital in the event of need. If and when the time comes for the living
will to be used, it will be right there for the doctors and care givers. In the event you travel a lot, it is
probably a good idea to carry a card instructing emergency response and
notify the care givers to contact the hospital. In the event you are in another state than
your living will, the living will will be given full faith and credit treatment
as long as that state’s legal requirements are met. Therefore, it is a good idea to have a
living will notarized and signed by three witnesses to fulfill nearly all
states requirements. What
other documents are necessary? It
is a good idea to have a healthcare power of attorney, a will, and a durable
power of attorney. These documents
will be discussed in future editions of this Advisory, so stay tuned and
contact the experts at The Center for any questions or to implement your own
living will and other estate planning documents. |
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The Center for
Financial, Legal and Tax Planning, Inc. |
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Satellite Office: Longboat Key, FL |
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(618) 997-3436 Fax: (618) 997-8370 © Copyright 2005. All rights reserved. |
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