Living Wills - The Advance Directive

Many Americans have never considered the importance of preparing personal legal documents, particularly the Advance Directive. For years, we were all led to believe legal documents weren't necessary unless you were aging or wealthy. But with the evolution of right-to-life issues, it is important to carefully plan and document your wishes in the event of a tragedy.

The thought of preparing legal documents can be daunting for anyone. Many of us fear facing our mortality rather than considering who will get grandma's pearls. Prior to deciding the documents you may consider, it is important to understand what each document covers.

A Living Will is a written, legal document specifying the types of health care you wish to receive based on specified circumstances. These circumstances typically include having a terminal condition, entering a coma with no reasonable expectation of regaining consciousness, or entering a persistent vegetative state with no reasonable expectations of regaining significant cognitive function. Also included in the Living Will are the forms of life-sustaining procedures you wish to have provided, such as nourishment and hydration or nourishment but not hydration, or no nourishment and hydration.

Some Living Wills (depending upon the language and law in your state) will include a paragraph about specific legal rights should you no longer have the ability to give directions regarding specific health care. This paragraph contains language regarding the use of life-sustaining procedures and your intention that your family and physician(s) shall honor your Living Will.

A Durable Health Care Power of Attorney (the name may vary slightly in your state) is a written, legal document allowing you to designate a person (usually called your "Agent") to make health care decisions on your behalf in the event you become disabled, incapacitated or incompetent. You may name co-Agents and successor Agents in the event your Agent dies, becomes disabled, incapacitated or incompetent, resigns, or refuses to act as your Agent.