LIVING WILLS

[Jenny AU-92 0]

I would encourage everyone of you guys to take care of this before there is ever a need. This is one of my causes about which I feel very strongly. Don't put your family through this - MAKE YOUR WISHES KNOWN. Having a Living Will does NOT mean the tube is automatically pulled - you can ALSO state that you DO wish to be kept alive through artificial means, and that would keep an unscrupulous family member from doing you in for their own benefit. THE POINT IS THAT THERE REMAINS NO DOUBT AS TO WHAT YOU WOULD DO FOR YOURSELF.

Better check about living wills in your state. I had a lawyer friend tell me a while back that Living Wills mean nothing in Alabama.

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Actually, all 50 states and the District of Columbia have laws recognizing the use of advance directives.

Here's a recent state-by-state listing from the Wall Street Journal:

Link to Article - Living Will Requirements State by Sttae

However, some states require that you use their state-created form, others don't care. THIS LINK will take you to a list of forms for the states that require you to use their own statutory living will form. Alabama and Texas both have forms listed - not sure if they are required or recommended, but it is not a bad idea to follow the guidelines of the state you live in. I also read something somewhere that said some states will not recognize one from another state, even if you are traveling, but I'll bet if you have all your ducks in a row legally, your health care proxy could compel the hospital to follow your wishes.

For more info: from the American Bar Association (underlining mine)Link:

State laws vary concerning the appropriate documents to cover these situations. All fifty states permit you to express your wishes as to medical treatment in terminal illness or injury situations, and to appoint someone to speak for you in the event you cannot speak for yourself. Depending on the state, these documents are known as "living wills," "health care proxies," or "advance health care directives." Some states have a standardized document for this process, while other states leave the language up to individual lawyers and their clients.

A living will is your written expression of how you want to be treated in certain medical conditions. Depending on state law, this document may permit you to express whether or not you wish to be given life-sustaining treatments in the event you are terminally ill or injured, to decide in advance whether you wish to be provided food and water via intravenous devices ("tube feeding"), and to give other medical directions that impact the end of life. "Life-sustaining treatment" means the use of available medical machinery and techniques, such as heart-lung machines, ventilators, and other medical equipment and techniques that will sustain and possibly extend your life, but which will not by themselves cure your condition. In addition to terminal illness or injury situations, most states permit you to express your preferences as to treatment using life-sustaining equipment and/or tube feeding for medical conditions that leave you permanently unconscious and without detectable brain activity.

A living will applies in situations where the decision to use such treatments may prolong your life for a limited period of time and not obtaining such treatment would result in your death. It does not mean that medical professionals would deny you pain medications and other treatments that would relieve pain or otherwise make you more comfortable. Living wills do not determine your medical treatment in situations that do not affect your continued life, such as routine medical treatment and non life-threatening medical conditions. In all states the determination as to whether or not you are in such a medical condition is determined by medical professionals, usually your attending physician and at least one other medical doctor who has examined you and/or reviewed your medical situation. Most states permit you to include other medical directions that you wish your physicians to be aware of regarding the types of treatment you do or do not wish to receive.

Generally, these documents require at least two witnesses. It is the policy of some hospitals and other medical institutions not to permit their employees to witness the signing of such documents. In most states there are other restrictions as to who may witness such documents. Generally, the persons who act as witnesses are not permitted to be individuals entitled to any inheritance as a result of your death, either by will or by state law. Often the law does not permit a person to witness such documents if they are related to you by blood or by marriage, or if they are responsible for payment of your medical bills. In any event, the witnesses must be adults as defined by your state law.

While all states recognize these advance health care directives, the law varies as to recognizing a document prepared in another state. It is not necessary to prepare additional documents in case you might vacation in another state. However, if you spend a considerable amount of time living in more than one state, you should consider having advance directives prepared in each of the states in which you spend significant periods of time.

In many states you can include in your advance directive your preference to become an organ or tissue donor at the time of death. State law varies, and you should check with your attorney. Even if your state is one in which your driver's license contains an organ or tissue donor statement, you need to express this by letting your health care proxy, your family, and your physician know your desire to become a donor. In some states you also need to be registered as an organ and tissue donor.

[DKW 86 7,439]

Thank you Jenny, he is a trial lawyer btw...

[Auburn85 432]

Dick Brewbaker is propsing a piece of legislation where if there is no living will or proof to carry out a person's wishes, then, that person cannot be taken off life support

[AuNuma1 1]

Looks like the Schiavo case is making an impression on some people...

ZDNet.com

[AUesquire 1]

I do Living Wills for folks on almost a daily basis. People come in to have a Will drawn up and we always suggest they let us do a Living Will as well at no extra cost. It's common sense and takes the pressure off the family.

[Tiger Al 0]

I do Living Wills for folks on almost a daily basis.  People come in to have a Will drawn up and we always suggest they let us do a Living Will as well at no extra cost.  It's common sense and takes the pressure off the family.

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If someone has a will done and they decline the living will, can I have theirs?

[Jenny AU-92 0]

Not to take bread from the mouths of Esquire's kids, but you do not need an attorney to create a living will. This should be obvious, if a lawyer is offering to do something for free... (Sorry, Esq., just couldn't resist)

The links in the first post I made will take you to an electronic copy of the forms for each state. Simply print them out or save them to your computer and read the questions. It is very plain, simple and easy to follow. No legalese, no juris doctor required. The only "legal requirement" is to have the form notarized, with witnesses present to sign before notarization. These witnesses, in most states, cannot be a relative or a beneficiary of your estate. If you have any questions about the medical terminology, talk to your personal physician the next time you go.

[Tigermike 3,050]

Not to take bread from the mouths of Esquire's kids, but you do not need an attorney to create a living will.  This should be obvious, if a lawyer is offering to do something for free...      (Sorry, Esq., just couldn't resist)

The links in the first post I made will take you to an electronic copy of the forms for each state.  Simply print them out or save them to your computer and read the questions.  It is very plain, simple and easy to follow.  No legalese, no juris doctor required.  The only "legal requirement" is to have the form notarized, with witnesses present to sign before notarization.  These witnesses, in most states, cannot be a relative or a beneficiary of your estate.  If you have any questions about the medical terminology, talk to your personal physician the next time you go.

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Once again a conservative leading a liberal to the well of knowledge to drink. Thanks Jenny.

[AUesquire 1]

What "liberal" are you referring to?

We don't charge because it IS just fill in the blanks stuff. You can get a will kit at Office Depot for that matter.

[Tigermike 3,050]

What "liberal" are you referring to?

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Al, knew.

[Tiger Al 0]

I wanted something for free...I must be a liberal!!!

[Tigermike 3,050]

Just a liberal or a cheap liberal?

[AUesquire 1]

A bedwetting libbie.

[Tiger Al 0]

Just a liberal or a cheap liberal?         

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The cheapest and the liberal...est!?!

[Tigermike 3,050]

Just a liberal or a cheap liberal?         

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The cheapest and the liberal...est!?!

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We knew that "the liberal...est!?!"

We didn't know this "The cheapest" !

[Jenny AU-92 0]

We knew that "the liberal...est!?!"     

We didn't know this "The cheapest" !     

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Liberals are ALWAYS cheap with their OWN money - they just want to spend everyone else's!!!