What is a Living Will?

Simply put, Health Care Directive, also called Advanced Directives or Living Will, provide instructions to your family and medical providers regarding what end-of life medical care treatment you want and do not want when this time approaches. Our health care directives (HCD) allow you to customize your choices regarding treatment and non-treatment.

In addition, the terms of you HCD are never invoked unless extraordinary circumstances occur. For instance, our HCD requires that the patient be determined to be in a ‘persistent vegetative state' before the instructions are considered. Further, prior to withholding or withdrawing life-sustaining treatment, the diagnosis of a terminal condition by the attending physician or the diagnosis of a permanent unconscious condition by two physicians is to be entered in writing and made a permanent part of the patient's medical records.

The Whipple Law Group HCD includes the stipulation that, in no event, is pain relieving treatment beneficial to the patient to be withheld.

Why have a Health Care Directive (Living Will)?

Frankly, it is selfish not to have one. By making the responsible choice to have an HCD you relieve the entire burden of choosing what to do for you. Think about it, without the HCD, you are asking those persons closest to you decide what to do in a situation that is already extremely stressful. Family members may be prone to argument when under the stress of being confronted with your imminent passing.

Here is a (hypothetical) example we often use when advising our estate planning clients.

Take for instance, Florence, who is an elderly, widowed person with three daughters, Alice, Betty ad Carol. Florence has suffered an aneurism and is in a cationic state with no measurable brain activity. She is being kept breathing by a ventilation and a respirator. She is being provided nourishment by intubation and fluids by IV. Her doctors have declared there is no hope for any recovery for Florence.

Alice, the oldest, says to her sister, Betty, “I know Mom would not want to be kept alive this way. She and I have talked about this type of situation and she always told me to let her die with dignity.”

Betty holds her Mom's power of attorney for health care decision-making. The medical providers and doctors will be looking to her to make decisions.

Betty goes to Carol, the youngest daughter, to discuss the situation. Carol says to Betty, “I can't let go of Mom. We must keep her alive. I know she would want us to keep trying! Don't you love her?”

This is not an uncommon situation. Betty, of course, is in a no-win situation. No matter which sister she agrees with or what her own feeling are, one of the siblings is going to be upset and will, likely, blame Betty.

With a valid Health Care Directive, Betty can turn to either sister and say, with confidence, “I know exactly how you feel but (referring to the HCD) Mom says…”

At this point, by having the HCD available to your children, you have diffused a potentially hurtful and divisive situation that would have had severe lasting effects, sometimes for years, afterwards.

Instead, Florence has provided a vehicle by which the children can resolve, together, these hard to bear issues and join together in a healthy and dignified grieving process. Truly, the HCD provide a loving gift for everyone concerned.

We provide our estate planning clients the opportunity to draft their Health Care Directive, at no additional charge. Please feel free to contact us, at 509-869-3223, to discuss this issue further.