Question:
Could someone please explain what a Living Will is?
I am trying to figure out the easiest way to do a will the only thing i have to worry about is my son. I am a single parent and want to make sure my son goes to my parents if something happens to me. I am only 30 days away. Thank you. — Amanda P. (posted on August 29, 2001)
August 29, 2001
I'm sorry about the anonymity here, but I don't want to be found
"practicing" law without a license. The previous poster is right
about a living will. It is a document that puts your family and doctors on
notice about your decisions regarding medical treatment/methods of
resuscitation. As to a will, there are a number of things that can be
done. You can see an attorney of course. Most firms seem to have a flat
fee for a basic will. Otherwise, I'm not sure about Virginia, so the first
thing I would do is call your county register of wills and ask them if you
can do a holographic will in your state. Basically this means a will you
do yourself. Then you can write out all your wishes and go to a notary.
However, I would suggest having 2 disinterested witnesses also attend and
attest to your signature. I will try to email you a copy of a basic will
to your email address that you can use as a guide. Good luck.
— [Anonymous]
August 29, 2001
I took care of my dad for 2 years as he was diagnosed with cancer, had
surgery, chemo, and eventually died. You do not need to incur the expense
of an attorney to have a living will. Dad's oncologist had them for us to
do, and the hospital also had them. Check if your town has a printing firm
that publishes standard legal documents (like do it yourself divorces,
etc.) They have copies of boilerplate living wills. Your signature on it
should be notified. We were also told to specify things like NO catheters,
No antibiotics, No cardiopulmonary resuscitation, and to specify that
nothing but pain-relieving measures be done. We then made photocopies and
gave them to the hospital for his chart, to the doctor's office for his
files, and kept the original handy if we needed it. The hospital will also
have a "Durable Medical Power of Attorney" form - ask in their
administration offices. This says that when your loved one is in the
hospital and unable to make decisions for him/herself (if you're on
narcotics, you aren't capable of rational decision-making), that YOU or
whoever they appoint be given full decision-making abilities on their
behalf. Then the docs/hospital have to accept your input. Without it, they
do not. It cost us less than 5 bucks to get the living will form and the
durable medical power of
attorney form was free from the hospital. And $3 to have my dad's signature
notarized, and 3 photocopies made. It was one of the smartest decisions I
ever made. Because I had to whip that puppy out in the terminal care
facility he was finally sent to and DEMAND that they not do something to
him that they were about to do (a catheter of all things, while he was 2
days from death.) Without these forms, you are essentially helpless to
defend your loved one.Good luck.
— Lisa D.
August 29, 2001
One note here: I think the living will only applies if you have suffered
brain-death or are in a sustained coma. Not if you are just unconscious.
— [Anonymous]
August 29, 2001
A Living Will and Durable Power of Attorney are to forms that are basically
accepted nation wide at this point . . .You may want to check on specifics
for you state . . there are some minor differences . . The person before
was correct . . the only time these go into effect is if the person has
been deemed " in a permanently unconscious state" by a Physician.
In Ohio and most states it does not require an attorney to complete .
.usually it either has to be notarized or witnessed by 2 persons NOT
related to the individual
You may want to check with the Social Service Department at the hospital
you are having surgery . .they should be able to assist with the
completion and explain any state specific questions . .hope this helps . .
.if you have family members . . the law is that your closest relative
(spouse, then children, then parents, then sisters/brothers) if a Living
Will, Durable Power of Attorneyu are not comupleted have the right to make
decisions for a person in a permanently unconscious state
— Nancy H.
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