LIVING WILL
As long as you
are competent, you can make your own choices regarding your
medical treatment. A living will is only used if you are not
able to make your own decisions.
If you do not sign a written Living Will declaration, your
intent can be proven by statements you have made in the past and
if you have never indicated your wishes, your next of kin or
surrogate may make the decision they believe is in your best
interest. But it is much better to put your intent in writing.
If you are incapacitated, your Living Will cannot be used unless
two doctors certify in your medical record that you are:
(1) terminally ill, and that there is no probable chance of
recovery and the illness is expected to cause death, or
(2) you are in a persistent vegetative state that is permanent
and irreversible, or
(3) you have an "End-stage condition", defined as "a condition
that is caused by injury, disease, or illness which has resulted
in severe and permanent deterioration, indicated by incapacity
and complete physical dependency, and for which, to a reasonable
degree of medical certainty, treatment of the irreversible
condition would be medically ineffective".
Whether a
person is terminally ill is a subjective decision so it is
important that your physician and family understand your wishes
and that you feel confident that your physician and family will
do everything possible to carry out your wishes within the
boundaries of the law. If you do not believe that your physician
will follow your wishes you may want to consider changing
physicians. If your physician will not honor your wishes, your
family will be faced with the task of finding a willing
physician during a difficult and stressful time.
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