Legal Definitions - living will

A living will is a legal document that allows an individual to express their wishes regarding medical treatment in advance, should they become unable to communicate those decisions themselves. It is a type of "advance directive" that specifically focuses on end-of-life care and life-sustaining measures.

This document typically outlines which medical interventions a person would accept or refuse if they were to suffer from a severe illness or injury that leaves them incapacitated, with no reasonable expectation of recovery. For example, it can specify preferences regarding artificial respiration, feeding tubes, hydration, and other life support treatments. A living will ensures that a person's values and preferences guide their medical care even when they cannot speak for themselves, providing clarity for family members and healthcare providers.

Here are some examples of how a living will might be used:

• Example 1: Planning for a Progressive Illness

  Sarah, 68, has been diagnosed with a progressive neurological disease that will eventually impair her ability to communicate and make decisions. She creates a living will stating that if she reaches a stage where she is in a persistent vegetative state with no hope of recovery, she does not wish to be kept alive indefinitely by a ventilator or artificial feeding tubes. Instead, she requests comfort care to manage any pain or discomfort.

  This example illustrates how a living will allows someone with a known progressive condition to proactively define their desired medical care for a future state of incapacitation, ensuring their wishes are respected when they can no longer voice them.

• Example 2: Unexpected Catastrophic Event

  Mark, 45, is a healthy individual who decides to complete a living will after a friend's unexpected accident. In his document, Mark specifies that if he were to suffer a severe brain injury or stroke that leaves him permanently unconscious or in a coma with no chance of regaining cognitive function, he would prefer that aggressive life support measures be withdrawn, and only palliative care be provided.

  This example demonstrates that a living will is not just for the elderly or those with existing illnesses; it allows any adult to plan for unforeseen catastrophic events, ensuring their personal preferences for end-of-life care are known and followed, even in sudden emergencies.

• Example 3: Specific Refusal of Treatment

  Eleanor, 72, has strong personal beliefs about the natural course of life. She executes a living will that explicitly states her refusal of cardiopulmonary resuscitation (CPR) and mechanical ventilation if she experiences a cardiac arrest or respiratory failure while suffering from an irreversible, terminal illness. She wants to ensure that her final days are focused on dignity and comfort, rather than prolonged medical intervention.

  This example highlights how a living will can be used to specifically refuse certain life-sustaining treatments under particular circumstances, reflecting an individual's deeply held values and ensuring that medical teams and family members understand and honor those specific choices when the individual is unable to communicate.