How do I write a legally binding living will?

[imenja]

Is this something I can do without a lawyer? I really can't afford to hire one right now. Is there some sort of form one can download, sign in front of a notary and then send to family members?

[Badger1]

1. What you need is called a durable power of attorney,

It will vary from state to state. Research in your state statues.

[imenja]

5. doesn't that require a lawyer?

I was hoping for something more limited and simpler.

[lenidog]

7. No it doesn't

Basically you can draw up the papers yourself, then have them filed. But the catch is that you have know what you are doing. That is why people usually got to attorneys to do it.

[Warpy]

8. you can get the forms from a paralegal

Get it signed and witnessed by a notary (usually the paralegal). You don't need to pay a lawyer.

The power of attorney is for medical decisions, only. I've seen living wills countermanded when some relative blows into town and screams lawsuit if heroics aren't done. I've never seen a durable power of attorney for healthcare decisions countermanded.

Of course, if that boob in the White House milks the present situation as much as he wants to, nobody will be allowed to die until all their resources have been depleted. Health care workers, especially hospice workers, will be put into an impossible situation along with the families of the dying.

[imenja]

9. thanks very much

[TexasBushwhacker]

2. Call a local hospice

or organ donation center. They should be able to send you the paperwork or refer you to someone who can.

[Richard D]

3. My understanding . . .

. . . and I may be wrong, is that you just have to clearly write out your wishes (think of all the grim possibilities), and sign it, along with a witness or two, in front of a notary public, and of course have it notarized.

[Kadie]

4. Check out these resources - links

http://www.karelchannel.com/subpages/radio/wills.html

http://www.lentillem.com/

Maybe there is something here that will help you.

[imenja]

6. thanks. I'm dowloading the info. n/t

[happyslug]

10. Most Living Wills are done by Doctor's Staff

The reason for that is the Living Will is a recent legal created document. A Living Will is basically a statement from you to your Doctor what you want to be done is certain situations. These are generally check the box type papers with a place for you to sign at the bottom. As such these can be filled out by you in your Doctor's Office. IT is than kept by by Doctor in your record so that if anything happens he can check the records and see what you told him to do in those circumstances.

On the other hand a "Power of Attorney" is you appointing someone to act in your name. Now a Power of Attorney can do the same as a living will, i.e. direct someone to act in your name when you can not for medical decisions. A Power of Attorney can be done by your self but I Strongly recommend you see an Lawyer about it so you know what you are giving up. Power of Attorneys have been abused in the past (i.e. the person you give the power to, uses it for his or her advantage instead of your advantage).

Remember a Power of Attorney is you giving someone the POWER to act in your name. If you give anyone any Power of Attorney make sure it is someone you can trust to do with the Power of Attorney what you want them to do.

As to the actual Power of Attorney, the ones I prepare does NOT go into what someone wants (That varies to much over time and medical procedure one is undergoing), instead I just names someone to make such decisions based on what that person has talked about with the person who granted the Power of Attorney. In the case of Terri Schiavo if she had given such Power of Attorney to her Husband (or her parents) the dispute would have been decided years ago (i.e. one or the other would be making the decision). Thus I recommend such a Power of Attorney in addition to a Living Will. The Power of Attorney to be held by the person you want to make those medical decisions and the Living Will to give your Doctor what you what done in such situations.

Remember both the Living Will and the Power of Attorney will not come into play if you are conscious, there only come into play when you are NOT able to make a decision yourself.

One area where a Power of Attorney may be more advantageous than a Living Will. Your Living Will may go into details as to what you want done is you are unlikes to come out of the situation but rarely goes into details on other medical treatment you may need. For example you may be in acute pain, but already at the maximum safe level for morphine. The Doctor will want to ask your Agent is it alright for him to give you a technical overdose to relieve the pain. Under the Power of Attorney your agent will be able to tell him yes or no (Remember we are taking of levels that MAY cause your death but probably will not but are no longer in the safe area of drug usage). Your pain (And drugs you already have in your system) may make it impossible for you to make that decision, thus under a Power of Attorney your Agent can make that decision for you.

It is do to things like the above I recommend both a Living Will and a Power of Attorney.

[imenja]

11. that was very helpful

and clearly explained. I appreciate it very much.

When the poster above spoke of a power of attorney as being more resistant to legal challenges than a living will, would those be only legal challenges waged by a family member? For example, if I had a living will and my family respected that will and made decisions accordingly, would it be sufficient? I understand your point about the power of attorney allowing a level of flexibility that a living will does not. My concern is not with my family members but with an increasingly intrusive state that seeks to take away our rights to make such decisions. I want to make sure I have a document that allows my family to fulfill my wishes rather than allowing politicians to make such decisions. I understand that a power of attorney is more durable, but if I make a living will in the meantime and wait until another point to see a lawyer about a power of attorney, would that be sufficient, temporarily anyway?

[happyslug]

12. The Courts will do what you want.

That is the issue in the case of Terri Schiavo the issue is what would Terri Schiavo have wanted??? Would she have wanted to stay on food and water until such time as her body cease to function for some other reason or would she have wanted food and water stopped once her Doctor called her Dead? Thus the issue is NOT whether she is dead or not but want would she have wanted in such a circumstance.

Terri Schiavo's are saying Terri Schiavo would NOT want the life support removed, while Terri Schiavo's Husband is saying she would have wanted them removed. That is why either a Living Will or a Power of Attorney with Health Care provisions would have helped in Terri Schiavo in her situation (Either would have either made clear WHO gets to make the decision OR what Terri Schiavo wanted).

Could the state intervene? Yes, but the state would have to show some compelling state interest to prevent your directive from being carried out. Compelling is more than the State not wanting your what you wanted done occur, it has to be something that shows benefit to you or the state. For example if there was a good chance of Recovery but you had directed your doctor to end your life anyway. Each case is decided on a case by case basis (That is why we have Judges) but if you have a living will and/or a Power of Attorney with Health Care Provisions you can make that Judge's decision easier by making it clear on the record what you wanted.

[TaleWgnDg]

13. HOLY CRAP !!

You gotta be kidding! You're asking legal advice in DU? And about such thorny legal questions that may be disputed in a court-of-law? Haven't you learned ANYTHING about this Schiavo fiasco?????

Uuummmmmmmmmmm, retain an attorney.

[imenja]

14. she doesn't have a living will

If she did, none of this would be happening. I don't have the option of hiring an attorney. Either I do it myself or I do nothing.

[TaleWgnDg]

15. au contraire . . .

.

au contraire . . . you have no option other than to HIRE an attorney to consult regarding accepting/rejecting end-of-life medical treatment! If no attorney, then you risk a court battle. It's as simple as that.

As an attorney, myself, I suggest that you inquire with your state lawyers bar association regarding a sliding fee scale, if available; or to one of your state's pro bono (free) legal service offices including elder law. If they cannot accommodate you then ask for a referral.

Again, if you attempt to draft any legal instrument yourself, then you run the risk of drafting it incorrectly which may kick in endless litigation and overwhelming legal costs.

[imenja]

16. well other attorneys on this thread suggested otherwise

which you will note if you read through the other replies. Happyslug's were especially helpful. He/she graciously offered an explanation of the various options available rather than seeking to drudge up business for his profession from those who can't afford the fees.

I live in Florida. There is no legal assistance for anyone but the destitute. I've already been through this with a landlord dispute. I called every single legal organization in the state and I couldn't get anyone to answer a simple question. I have a hole in my roof to fix from two hurricanes. I am in no position to pay a lawyer.

I'm not sure what au contraire is supposed to refer to. Terry Schiavo does not have a living will. That fact is clear in all of the news coverage.

[TaleWgnDg]

17. I hope that you do not suffer the ills of so-called attorneys

I hope that you do not suffer the ills of so-called attorneys (that you enumerate here) who practice law (give legal advice) on internet message boards. If you cannot or will not take friendly advice that you need retain a licensed attorney-at-law in your state to draft legally binding instruments, then there's nothing more need be said by me. Nor you.

Oh, btw, no where did I raise or infer that Schiavo had a "living will."

Have a lovely day.

[imenja]

18. I understand that it's far preferable to seek an attorney

and when I'm able, I will do so. In the meantime I can make up a living will of my own. Of course, if I don't get the roof fixed soon, it will collapse on me during the next big storm and I won't have any quality of life issues to worry about at all.