Blue Ash Living Wills and Healthcare Directives Lawyers

If you have specific preferences about the medical treatment you do or do not wish to receive if you become incapacitated or unable to express your wishes yourself, having a living will and healthcare directive in place will provide you with the peace of mind of knowing that your preferences will be carried out. Living wills and healthcare directives are both legal documents that allow you to make decisions about end-of-life medical care. These estate planning documents also make it easier for your family members and medical professionals if questions arise about whether or not to continue treatment if you cannot express yourself. If you have questions or concerns about any aspect of the estate planning process, including living wills and healthcare directives, it is highly recommended that you contact the Blue Ash living wills and healthcare directives lawyers at Wolterman Law at your earliest convenience.

What Is a Living Will?

One of the most important things to understand about a living will is that it differs from a traditional will, also known as a last will and testament. A traditional will is a document you use to leave your property and assets to loved ones after you pass away or name a guardian for your children. A living will, also referred to as a health care declaration, is the document used to specify the type of health care you want to receive if you cannot speak for yourself. Oftentimes, a living will is paired with a power of attorney for healthcare, which is the person you choose to make healthcare-related decisions on your behalf if you are unable to do so.

What Do I Include in a Living Will?

When drafting a living will, you can be as specific as you like about the type of medical treatment you do or do not want. For example, if you feel strongly about not spending your final days in a hospital, you can make it clear in your living will that you want to be home surrounded by loved ones when you die. When filling out the forms for a living will, you will likely need to include your preferences about the following:

Life-Prolonging Medical Care: This includes blood transfusions, CPR, diagnostic tests, dialysis, administration of drugs, the use of a respirator, and surgery.
Food and Water: Even if you are permanently unconscious, you can live for a very long time if you are given intravenous food and water. You can specify whether you want this or not.
Palliative Care: This is given to reduce pain if you choose to forego life-prolonging treatments.

How Long Does a Living Will Remain in Effect?

A living will remains in effect as long as you are alive unless you revoke your documents. However, your health care documents are no longer effective in the following circumstances:

You revoke your document. You can change or revoke your healthcare document at any time. If so, you must notify your healthcare providers and agent that you have revoked the document.
The court invalidates your document. The court rarely gets involved in health care decisions. However, if a dispute over your care or someone questions the validity of your health care directives, the matter may come before a judge. For example, if someone has concerns about whether you have the mental capacity to prepare a health care document, that person may request that the document be invalidated.
The court revokes your agent’s authority. If there is a valid concern that your healthcare agent is not acting in your best interest, the concerned party may go to court and request an investigation into your agent’s behavior. If there is evidence of acting improperly, your agent’s authority may be revoked, and the responsibility will go to an alternate agent named in the document. If there is no alternate available, a conservator or guardian will be appointed by the court.
You get a divorce. If your spouse is your healthcare agent, their authority is automatically revoked if you get a divorce. The person you named as an alternate agent will take over the responsibility.

What Is an Advance Healthcare Directive?

Advance health care directives are crucial to any comprehensive estate plan as they allow you to specify your medical treatment preferences if you cannot communicate your wishes. Ohio recognizes the following two primary types of advance healthcare directives:

Living Will: This is called a living will because of the life-sustaining medical treatments you do or do not want if you cannot speak for yourself. A living will becomes valid if you are unconscious.
Durable Power of Attorney for Health Care: This allows you to name a trusted family member or close friend to make important medical decisions on your behalf if you cannot do so. This person is called your agent or attorney-in-fact.

You may also include the following in an advance health care directive:

Do Not Resuscitate Order (DNR): According to Ohio’s Do-Not-Resuscitate Law, you may decide that you want to limit emergency care, including instructing doctors, nurses, and other medical professionals not to perform cardiopulmonary resuscitation on you if you stop breathing or your heart stops beating. A DNR order will need to be written by a doctor at your request.
POLST Form: A Physician’s Orders for Life-Sustaining Treatment (POLST) form is similar to a DNR in that you can express your wishes for care in a medical emergency. However, a POLST form covers more medical issues than a DNR, including whether you want to be intubated, have a feeding tube, or be prescribed antibiotics.