A living will, also known as an advance directive, is your voice when you can’t communicate. It tells doctors and family members what medical treatments you want – or don’t want – if you’re seriously ill and unable to make decisions. This could include choices about life support, pain management or organ donation.
Unlike a regular will that distributes property after death, a living will takes effect while you’re still alive but incapacitated. It works alongside other documents like a healthcare power of attorney, which names someone to make medical decisions for you.
What are the key elements of a living will?
In Kentucky, a valid living will typically covers:
- Decisions about life-prolonging treatment: You specify your wishes for medical interventions like breathing machines or cardiopulmonary resuscitation (CPR) if you become terminally ill or unconscious with no hope of recovery.
- Choices regarding artificial nutrition and hydration: You decide whether you want to receive food and water through tubes if you can’t eat or drink on your own.
- Your preferences for pain relief: You indicate how you want doctors to manage your pain, even if the treatment might shorten your life.
- Organ and tissue donation wishes (optional): You state whether you want to donate your organs or tissues after death and how doctors may use them, such as for transplants or research.
For your living will to be legally binding, you must sign it and either have two adults witness your signature or have it notarized. These witnesses cannot be family members or your health care providers. This requirement helps prevent any conflict of interest and ensures the document reflects your true wishes.
Moreover, while Kentucky offers a standard form for living wills, crafting one that truly reflects your wishes often requires professional legal help. An attorney can guide you through the process, ensuring your document is both comprehensive and legally sound.
Your voice, your choice
Medical situations can be complicated, but your living will doesn’t have to be. Consult with an attorney to ensure that it clearly communicates your wishes.