What Are the Ramifications of a Living Will?

13-01-2012

Tagged Under : Living, Ramifications Living

People use living wills to outline what type of medical care they want if they’re in a health-care crisis and unable to speak for themselves. Living wills relieve family members of having to make tough decisions about a relative’s care in life-or-death situations. However, living wills can come with unintended consequences that may lead to family disputes and confusion about a person’s health-care instructions.

    • One problem with living wills is that people interpret them differently. For example, a person who indicates in a living will that he doesn’t want to be resuscitated or revived in some situations can’t foresee all circumstances under which resuscitation might be necessary. So doctors and relatives have to figure out whether a person would reject resuscitation under certain circumstances. Perhaps you would want a doctor to revive you even if there’s only a slim chance you might recover from a serious injury or illness. A PBS article titled “The Hidden Dangers in Living Wills” recommends not including a “do not resuscitate” order in a living will, especially without a detailed explanation about situations under which resuscitation is unwanted.

    • Family battles over keeping a relative alive may take place even when a person has a living will. You can choose someone to be your durable power of attorney for health care to try to avoid such disputes. The person you choose will make medical decisions for you if you’re unable to do so because of an injury or illness. Still, living wills aren’t ironclad because relatives can have the wishes outlined in your will overturned in court. An MSN Money article titled “3 All-Too-Common Flaws of Living Wills” notes that some family members may claim in court that a person’s will doesn’t address his current state of health, so the situation shouldn’t be handled based on the instructions in the will.

    • Some people may be leery of choosing someone to make all of their health-care decisions if they can’t do so themselves. The Nolo law information website says you can place limits on the decisions you allow another person to make by requiring that person to only follow the instructions in your living will. However, you could end up in a health-care crisis that your will doesn’t address with no one authorized to make decisions on the matter if you limit your spokesperson’s authority.

    • Avoid writing a living will one time and using that will for the rest of your life. Your ideas about what you want may change as you age, so you should update your will as needed and inform your family about changes. Nolo also recommends spending time discussing medical treatments with your doctor or a hospital representative to gain an understanding of what would happen to you if you refuse treatments and choose to die without any intervention in some circumstances.

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