End-of-Life Issues: The Problem with a Living Will and a Better Solution

philanthropy-215x215The problem with a living will, ultimately, is that it allows people who do not understand what you want to accomplish to make decisions to end your life under circumstances you cannot know at this time without any requirement to consult your health care agent. Hospitals and doctors are uniformly protected from liability by state law unless bad faith can be proven. And no policing mechanism to ensure good faith exists.

Health Care Power of Attorney

The primary solution to the living will conundrum of excessive care or lack of care consistent with your wishes is an all-powerful Health Care Power of Attorney, Which allows you to start treatment and stop treatment, take you home against medical advice, instruct that a DNR (Do Not Resuscitate) order be placed on your care, and do such other things as you might do.

Revocation of Living Will

You will also want to prepare a Revocation of Living Will to ensure that no Living Will exists to operate against your wishes and excuse liability. Your health care agent should be someone who will follow your wishes and should have complete authority when you to not to instruct care. That person can hire and fire medical personnel, take you home against medical advice, and best ensure that your wishes are followed.

Related Articles: A Living Will Might End Your Life — Do Living Trust Network and Legal Zoom Know This?

Related Article: A Living Will Can Cause Your Death, So Be Careful When You Sign The Dotted Line

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