Law & Legal & Attorney Wills & trusts

Regulations and Limitations on a Living Will

    Regulations

    • The laws regulating living wills vary by state. Depending on the state, a notary public may need to witness and notarize a living will for it to be valid. Based on state law, there may also be a delay period between signing a living will and its coming into effect. In some states, the subject of the living will may have the authority to determine the length of this period. Once a person is in an unconscious state, such as a coma, there may be a set period of time, which must pass before the actions of the living will may be carried out.

    Scope

    • While the specific scope of a living will varies according to state law, a living will generally applies to decisions regarding the use of life-supporting medical devices. This may include the choice whether to use intravenous devices for food and water, heart-lung machines, ventilators or other devices, which sustain life without directly treating a medical condition. A living will typically allows individuals to outline the factors and scenarios that determine their decisions. For example, you might prefer that life-sustaining technologies be used only in a terminal condition, in an end-of-life condition, in a persistent vegetative state or in any similar cases.

    Limitations

    • The living will is only one kind of advance-directive document. Different advance directives affect the various decisions that may arise in situations of lost consciousness or severe medical failure. The living will alone does not cover a number of important decisions. In order to designate another person to make legal decisions on your behalf, a secondary advance directive, known as a durable power of attorney or health care proxy is necessary. To request that hospitals do not resuscitate in case of cardiopulmonary failure, a "Do Not Resuscitate" or "DNR" is necessary. If no advance directive other than a living will is provided, the hospital or medical caretaker is legally obligated to make all reasonable attempts to resuscitate a patient whose heart has stopped beating.

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