A Living Will orders a doctor to use – or not to use – extreme life-saving measures (such as life-support), if you are in an irrecoverable coma or in a “persistent vegetative state.” Sometimes a Living Will is mistakenly called a Do Not Resuscitate Order (DNR) because most individuals use this document to halt extraordinary life-saving measures. However, a true DNR is an order from a doctor for other medical personnel (such as EMTs) to prohibit life support. In a basic Living Will, doctors are ordered to withhold life support or requested to administer life support. In addition, physicians are ordered to withhold artificial nutrition or are asked to provide nutrition.
As long as the Living Will was drafted, signed and notarized while the patient was conscious and of sound mind, the physician must follow the wishes of a Living Will. This not only allows you to make these important decisions beforehand, but it also takes away the burden or requiring loved ones to make these difficult decisions. Additionally, it makes sure that the decisions you and your partner agree upon are not overruled by family members.
Many prospective clients have said “Well, my partner knows what I want to have done … we don’t need a Living Will.” We respond by saying, “Do you really think your doctor will turn to your partner when a parent is standing there? Do you really expect your family to obey your partner when he or she tells them what to do? Even if they would, do you want your partner to think that they were responsible for your death for the rest of their lives so you can avoid paying for a Living Will?”
What does a Living Will do?
A Living Will allows you to make decisions regarding artificial nutrition, hydration and life support while you are legally competent. These orders go into effect if you are in a persistent vegetative state (if desired) or if you are terminal and incurable (if desired). If you do not want artificial nutrition, hydration or life support administered if you are in a persistent vegetative state, then it will be clearly stated in a Living Will, and doctors are required to follow these directions.
For example, an individual residing in North Carolina decides that she wishes to withhold life support, artificial nutrition, and hydration if she is in a persistent vegetative state or withhold the same treatments if she is terminal and incurable. After signing the Living Will in front of a notary and two witnesses, she makes multiple copies and leaves them with her partner, her doctor, her human resources manager, friends and family members that are likely to enact her wishes, and she leaves one copy in her briefcase and one in her car. In North Carolina, if the situation arises and she is in a persistent vegetative state, then any doctor receiving a copy of her duly executed Living Will must obey the patient’s directives.
What does a Living Will not do?
A Living Will does not waive your right to request life support, artificial nutrition or hydration if you are able to. Nor, does it mean that you cannot revoke the Living Will or enact another one later. Remember, a Living Will only handles these critical decisions if you can not do it yourself.
A Living Will also does not appoint someone else to make these decisions for you or appoint someone to make other decisions regarding your health if you are simply unable to communicate your wishes. Those appointments of healthcare agents are handled in a Healthcare Power of Attorney.
Lastly (at least for this discussion), your Living Will does not relieve you of your liability for your medical bills. Regardless of the treatment you receive under a Living Will, you (and/or your health insurance company under the terms of their contract with you) are still primarily responsible for the payment of medical bills. After all, in creating a Living Will, you are making decisions for yourself regarding your own medical treatment as if you were still capable of communicating them. Just because the decision is made beforehand, does not mean that someone else is required to pay the medical bills.
If you would like for our firm to assist you with a comprehensive domestic partnership estate plan, then please proceed to the Questionnaire page and contact our office at (919) 844-7993, to schedule your free initial consultation.