Living will

From Wikicpa

A living will, also called will to live, advance health directive, or advance health care directive, is a specific type of power of attorney or health care proxy or advance directive. It is a legal instrument that usually is witnessed or notary public. These documents state:

That the principal is appointing an individual to direct their health care decisions should the principal be unable to do so (e.g. called "power of attorney for health care"), or

Specific directives as to the course of treatment that is to be taken by caregivers, or, in particular, in some cases forbidding treatment and sometimes also Patient refusal of nutrition and hydration, should the principal be unable to give informed consent ("individual health care instruction") due to incapacity.

As the name suggests, the term "will to live", as opposed to the other terms, tends to emphasize the wish to live as long as possible rather than refusing treatment in the case of serious conditions.

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The Terri Schiavo case

During the weeks leading up to Easter of 2005, the case of Terri Schiavo generated much interest in living wills. Prior to the Schiavo case becoming highly visible, it was estimated that only 20 percent of Americans had a living will. Some feel that this will give Americans the motivation needed to make their end-of-life wishes known.

A number of entities have reported an upswing in requests for forms or other information on living wills. The non-profit organization Aging with Dignity has said that they have received thousands of calls and e-mails concerning living wills. The Westfield, New Jersey-based U.S. Living Will Directory national registry reported the number of hits on their website went from about 500 to 600 per day to well over 5,000. Others, such as lawyers, hospitals, and state bar associations, have also seen an increased interest in living wills.

Many have highlighted Schiavo's case to make the point that people should make living wills regardless of age or current health status, pointing to the fact that even younger people can face terminal illness or have an accident. For example, Schiavo suffered her brain injury when she was only in her mid-20s. They also feel that expressing one's wishes verbally is not enough, and that those wishes should be formally documented. Legal experts say that the entire court battle could have been avoided if Schiavo had properly documented her wishes prior to her collapse. However many other experts have found that the strength of living wills has been overstated:

By Attorney Matt Conigliaro of Abstract Appeal fame.
Examples of recent failures of Living Wills, as complied by one researcher:[1] or [2]
The Florida Law 765.304, governing Living Wills as applied to the Schiavo case: [3], found on Official Florida Law Website

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