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Understanding what is a living will: Your Guide to Advance Care Planning

  • Writer: East Sussex Wills
    East Sussex Wills
  • Jul 12
  • 13 min read

So, you're thinking about what happens if you can't make your own medical choices down the line? It's not the easiest thing to ponder, but sorting out a living will is a really smart move. This guide is all about helping you get your head around what a living will is, why it matters, and how it fits into your broader advance care planning. It's about making sure your voice is heard, even if you can't speak up at the time.

Key Takeaways

  • A living will sets out your medical treatment preferences if you can't communicate them yourself.

  • Picking a healthcare agent means choosing someone to make medical decisions for you when you can't.

  • Your living will can cover things like resuscitation, comfort care, and organ donation.

  • You need to make sure your living will meets legal requirements and that people know where to find it.

  • It's a good idea to check and update your living will regularly, especially if your life situation changes.

Defining What is a Living Will

The Purpose of a Living Will

So, what exactly is a living will? It's not about who gets your antique furniture, that's for your actual will. A living will, also known as an advance directive, is a legal document where you state your wishes regarding medical treatment should you become unable to communicate them yourself. Think of it as your voice when you can't speak. It ensures your healthcare decisions align with your values, even if you're incapacitated. It's about control and peace of mind, really. It's not something anyone wants to think about, but it's a responsible thing to do. It's a way to make sure your wishes are respected, and it takes the burden off your family during a difficult time. You can also specify your wishes for organ donation.

Key Decisions in Your Living Will

What kind of things do you actually put in a living will? Well, it covers a range of medical treatments. Here are some examples:

  • Resuscitation: Do you want CPR if your heart stops?

  • Ventilation: Do you want to be put on a breathing machine?

  • Artificial Nutrition and Hydration: Do you want a feeding tube if you can't eat?

It's not just about refusing treatment, though. You can also specify treatments you do want, like pain management or palliative care. It's about outlining your preferences, whatever they may be. You should also consider your stance on life-sustaining treatment. It's a good idea to discuss these options with your doctor to fully understand the implications of each choice.

Distinguishing from Other Advance Directives

Okay, so a living will is one type of advance directive, but there are others. It's easy to get them mixed up. The main difference lies in what they cover. A living will focuses specifically on medical treatment preferences. Another common type is a durable power of attorney for healthcare, also known as a healthcare proxy. This document lets you name someone to make medical decisions on your behalf if you can't. So, the living will states what you want, and the healthcare proxy is who makes sure it happens. You might also encounter a do not resuscitate (DNR) order, which is a specific instruction to medical staff not to perform CPR. It's important to understand the differences so you can choose the right documents for your needs.

The Importance of Advance Care Planning

Why Plan Ahead for Your Care

Planning ahead for your care, especially when it comes to healthcare decisions, might seem a bit morbid, but honestly, it's one of the most thoughtful things you can do for yourself and your family. It's about making sure your voice is heard, even when you can't speak for yourself. Think of it as creating a roadmap for your healthcare journey, ensuring your values and wishes are respected, no matter what happens. It's not just for older adults; it's for everyone over 18. Life can throw curveballs, and having a plan in place offers peace of mind.

  • It allows you to maintain control over your medical treatment.

  • It reduces the burden on your loved ones during difficult times.

  • It ensures your healthcare aligns with your personal values.

Advance care planning isn't about dwelling on the worst-case scenario; it's about empowering yourself to make informed decisions and ensuring your wishes are honoured. It's a gift you give to yourself and your family, providing clarity and direction when it matters most.

Benefits for You and Your Loved Ones

The benefits of advance care planning extend far beyond just ticking off a to-do list. For you, it's about autonomy and dignity. You get to decide what kind of medical interventions you're comfortable with, ensuring you receive care that aligns with your beliefs. For your loved ones, it's a massive relief. They won't be left guessing what you would have wanted, potentially leading to disagreements and stress during an already emotional time. It also helps to avoid potential family conflicts about medical decisions.

Consider this:

Benefit
Description
Reduced Stress
Knowing your wishes are documented alleviates stress for your family.
Clear Communication
Open conversations about your preferences ensure everyone is on the same page.
Peace of Mind
You can rest easy knowing your healthcare will reflect your values.

When to Consider Advance Care Planning

Honestly, the best time to start thinking about advance care planning is now. It's something that every adult should consider, regardless of their current health status. However, there are certain life events that might prompt you to start, or revisit, your plans. These include:

  • Turning 18: It's a good time to start thinking about these things as you become an adult.

  • Experiencing a significant health change: A new diagnosis or a change in your health status can prompt you to think about your wishes.

  • Experiencing a change in relationship status: Marriage, divorce, or the death of a spouse can all impact your healthcare decisions. It's important to establish your healthcare agent in these situations.

Establishing Your Healthcare Agent

Understanding the Role of a Healthcare Agent

Choosing a healthcare agent is a really important step in advance care planning. This person will make medical decisions on your behalf if you're unable to do so yourself. Think of them as your voice when you can't speak. They need to understand your wishes and values, and be able to advocate for you, even when it's difficult. It's not just about picking someone close to you; it's about picking someone who can handle the responsibility and respect your autonomy. They will need to discuss your treatment options with your health care provider.

Criteria for Choosing Your Representative

So, how do you pick the right person? It's not always obvious. Here are a few things to consider:

  • Trustworthiness: This is number one. Do you trust this person to put your needs first, even if it goes against their own beliefs?

  • Communication Skills: Can they clearly communicate your wishes to doctors and family members? Can they handle tough conversations under pressure?

  • Emotional Stability: Making medical decisions can be stressful. You need someone who can stay calm and rational in a crisis.

  • Availability: Are they geographically close enough to be readily available when needed? Do they have the time and energy to commit to this role?

It's a good idea to have a backup agent in mind, too. Life happens, and your first choice might not always be available. Having a second person ready to step in can provide peace of mind.

The Power of Attorney for Healthcare

To formally appoint your healthcare agent, you'll need to complete a legal document called a healthcare power of attorney (sometimes called a durable power of attorney for healthcare, or a healthcare proxy). This document gives your agent the legal authority to make medical decisions on your behalf. It's important to fill out the form correctly and have it witnessed or notarised, depending on the legal requirements in your area. Make sure your agent, your doctor, and your loved ones all have a copy of this document. It's also a good idea to carry a card in your wallet stating that you have a healthcare power of attorney and who your agent is. This can be crucial in an emergency situation.

Specific Medical Treatment Preferences

Resuscitation and Life-Sustaining Treatments

When you're thinking about your living will, it's really important to consider what kind of medical interventions you'd want, or not want, if you were seriously ill. This includes things like resuscitation (CPR) if your heart stops, or being put on a ventilator to help you breathe. These are big decisions, and it's good to think them through beforehand.

  • Would you want CPR if your heart stopped? Under what circumstances?

  • What about a ventilator? For how long?

  • Do you have any preferences regarding dialysis if your kidneys fail?

It's not a pleasant thing to think about, but it's better to have these conversations now, while you can, rather than leaving your family to make these tough calls in a crisis. It gives everyone peace of mind, knowing your wishes are being respected.

Comfort and Palliative Care Choices

It's not all about life-sustaining treatments. Comfort care, also known as palliative care, is about managing pain and keeping you as comfortable as possible. This could include medication, but also things like making sure you're in a peaceful environment. Some people prefer to die at home, if possible, and that can be part of your plan. It's about focusing on quality of life, rather than just prolonging life at all costs.

Organ and Tissue Donation Considerations

Another thing to think about is whether you want to donate your organs or tissues after you die. If you do, it's important to state this clearly in your advance directives. Organ donation can save lives, and it's a generous thing to do. If you are an organ donor, medical teams will use life-sustaining treatment for a brief time until the organs have been removed. You may want to state in your living will that you understand the need for this short-term treatment to avoid confusion from your healthcare agent.

Here's a quick rundown of things to consider:

  1. Do you want to be an organ donor?

  2. Do you want to donate your body to science?

  3. Have you discussed your wishes with your family?

Formalising Your Advance Directives

Legal Requirements for Creating Directives

So, you've made some big decisions about your future healthcare – that's brilliant! But now comes the slightly less exciting, but equally important, part: making it all official. Advance directives need to be documented properly to be legally recognised. Think of it like this: you can't just say you want something; you need to write it down and get it signed, sealed, and sometimes delivered (metaphorically speaking, of course!).

Each region has its own rules about what makes an advance directive valid. Generally, this involves:

  • Written Documentation: It absolutely must be in writing. Verbal agreements don't count, sadly.

  • Signatures: You'll need to sign it, obviously, but sometimes you'll also need witnesses to sign as well. The number of witnesses and their qualifications (e.g., not a family member) can vary.

  • Notarisation: Some places require your document to be notarised, which means a notary public verifies your signature. It's a bit like getting your passport application certified.

It's a good idea to check the specific requirements for your area. You can usually find this information on your government's website or by contacting a solicitor. Don't assume that what works in one place will work everywhere else.

Where to Store Your Important Documents

Okay, you've got your beautifully crafted advance directive. Now, where do you put it? Under the mattress? In a biscuit tin? Probably not the best ideas. You need to store it somewhere safe, accessible, and where people can actually find it when they need it. Here are a few suggestions:

  • Original in a Safe Place: Keep the original in a secure location at home, like a fireproof safe or a locked filing cabinet. Make sure someone you trust knows where it is.

  • Copies to Healthcare Providers: Give a copy to your GP, any specialists you see, and your local hospital. Make sure it's added to your medical records. This is super important for advance directives to be followed.

  • Copies to Your Healthcare Agent and Family: Your healthcare agent definitely needs a copy, and it's a good idea to give copies to close family members too. That way, everyone's on the same page.

  • Wallet Card: Carry a small card in your wallet stating that you have an advance directive and where it can be found. This is especially useful in an emergency.

Sharing Your Wishes with Others

Creating an advance directive is only half the battle. The other half is making sure that the people who need to know about it actually know about it! This means having open and honest conversations with your loved ones and healthcare providers. It can be a bit awkward, but it's so important.

Here's why:

  • Avoids Confusion and Conflict: If your family knows your wishes in advance, it can prevent disagreements and heartache later on. No one wants to be arguing about medical decisions during a crisis.

  • Ensures Your Wishes Are Respected: If your healthcare providers know what you want, they're more likely to honour your wishes. It's all about clear communication.

  • Relieves Burden on Loved Ones: Making these decisions can be incredibly stressful for your family. By planning ahead, you're taking some of that burden off their shoulders.

Consider these points when discussing your wishes:

  • Be Clear and Direct: Don't beat around the bush. Explain your wishes in plain language.

  • Be Open to Questions: Encourage your family to ask questions and express their concerns.

  • Be Prepared to Explain Your Reasoning: Help them understand why you've made these decisions.

  • Document the Conversation: After the conversation, it can be helpful to write down what was discussed and who was present. This can serve as a reminder for everyone involved.

Reviewing and Updating Your Living Will

It's easy to think that once your living will is sorted, you can just forget about it. However, life changes, and so might your wishes. Regularly reviewing and updating your living will is vital to ensure it still reflects your current preferences. Think of it as a health check for your advance care planning.

When to Revisit Your Directives

Life throws curveballs, doesn't it? Certain events should prompt you to dust off your living will and give it a good look. These include:

  • Significant life events: Marriage, divorce, or the death of a loved one can all change your perspective on things. You might need to update your healthcare agent or your specific wishes.

  • Changes in your health: A new diagnosis, especially of a serious illness, is a major reason to revisit your directives. Discuss potential treatment options and their implications with your doctor.

  • Changes in your values: What mattered to you ten years ago might not be as important now. Our priorities shift as we age and gain new experiences.

  • Every 5-10 years: Even without major life changes, it's a good idea to review your living will periodically to make sure it still aligns with your wishes.

The Process for Making Changes

Updating your living will doesn't have to be a headache. Here's a simple process:

  1. Review your current document: Read through your existing living will carefully.

  2. Identify necessary changes: Note any sections that need updating or revising.

  3. Consult with your doctor: Discuss any medical aspects of your desired changes with your healthcare provider. They can provide valuable insights.

  4. Create a new document: It's generally best to create a completely new document rather than trying to amend the old one. This avoids confusion.

  5. Sign and witness: Ensure the new document is signed and witnessed according to the legal requirements of your location. Requirements for creating directives can vary.

  6. Distribute copies: Provide copies of the updated living will to your healthcare agent, doctor, and anyone else who has a copy of the old one. Destroy all old copies to avoid confusion.

Ensuring Your Wishes Remain Current

Keeping your living will up-to-date is only half the battle. You also need to make sure your wishes are known and understood. Here's how:

  • Communicate with your healthcare agent: Have regular conversations with your healthcare agent about your wishes and values. This will help them make informed decisions on your behalf.

  • Inform your family: Talk to your family members about your living will and your end-of-life care preferences. This can help avoid disagreements and ensure your wishes are respected.

  • Keep your documents accessible: Store your living will in a safe but easily accessible place. Let your healthcare agent and family members know where it is.

It's easy to put off reviewing your living will, but it's a really important task. Taking the time to update your directives ensures that your wishes will be respected, even when you can't speak for yourself. It also provides peace of mind for you and your loved ones.

It's super important to check your living will every now and then. Life changes, and your wishes might too! Make sure your document still says exactly what you want. If you need a hand with this, or just want to chat about it, pop over to our website for a free quote.

Wrapping Things Up

So, there you have it. Getting a living will sorted might seem like a bit of a big deal, but honestly, it's just about making sure your voice is heard, even if you can't speak up yourself. It's not just for older folks either; life can throw curveballs at any age. By taking the time to think about what you want and putting it down on paper, you're not only looking after yourself, but you're also making things a whole lot easier for your loved ones. They won't have to guess or feel stressed about making tough choices for you. It's a bit like having a clear map for everyone to follow, making sure your wishes are respected. So, go on, get it done. You'll feel better for it, and so will everyone around you.

Frequently Asked Questions

What exactly is a living will?

A living will is a legal document that tells doctors and your family what medical treatments you want or don't want if you can't speak for yourself. It's like a set of instructions for your future healthcare.

Why is advance care planning so important?

Advance care planning is super important because it makes sure your wishes about medical care are known, even if you're too ill to say them. It helps your family and doctors make choices that you would agree with, and it can reduce stress for everyone involved during tough times.

Who is a healthcare agent and what do they do?

A healthcare agent is someone you choose to make medical decisions for you if you can't. They speak for you and make sure your doctors follow your living will. It's really important to pick someone you trust completely.

Can I specify what medical treatments I want or don't want?

Yes, you can include details about things like whether you want CPR (to restart your heart) or a breathing machine. You can also say if you prefer comfort care, which focuses on keeping you comfortable and pain-free, rather than trying to cure an illness. You can even mention if you want to donate your organs or body for science.

How do I make my living will official?

You need to write down your living will and follow the legal rules in your area, which might mean having witnesses or getting it checked by a notary. Once it's done, keep it in a safe place and give copies to your doctor and your healthcare agent. It's also a good idea to talk about your wishes with your family so everyone is on the same page.

How often should I review and update my living will?

You should look at your living will every few years, or if big things happen in your life, like a new health problem, getting married or divorced, or if you just change your mind about something. If you want to change it, you'll need to fill out a new form and make sure everyone who has a copy gets the updated version.

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