Senior Associate
A living will, also known as an advance directive, informs health care providers about an individual’s wishes concerning end-of-life care. The living will is a powerful tool that helps ensure dignity and comfort in the event an individual is no longer able to communicate his or her medical preferences. However, there are situations in which an individual may wish to update their living will. The estate planning lawyers of LaFountain & Wollman P.C. explain what you need to know about modifying this important document.
What Is a Living Will?
Everyone hopes that if they need medical care, they will be able to convey their wishes to the physicians and other professionals treating them. But some people lack the mental capacity to do so. They might be in a coma, unable to speak, not fully conscious, or suffering from a cognitive disorder such as dementia. Circumstances like this make it important to execute a document known as a living will, or advance directive.
One of the items that is commonly addressed in living wills is whether and under what conditions life-saving measures such as intubation should be administered. In general, the objective is to allow the patient to define the degree to which doctors should expend their energy and efforts to extend the patient’s life.
Massachusetts is in the minority of states that does not recognize living wills, or advance directives, as a legally binding and enforceable document. Rather, the law grants this authority to a health care proxy, an agent who is appointed to make medical decisions on behalf of the patient. Nonetheless, the instructions and details contained in the living will may be used as a guide to the proxy and to help settle disagreements among family members as to the life-saving measures that should (or should not) be taken.
Why Would Someone Want to Update a Living Will?
Over time, a person’s thoughts about their end-of-life care may change. An individual has the right to alter their living will, or advance directive, at any time they want. Some common reasons to do so include:
- New diagnosis: You may be diagnosed with a new disease or condition that could dramatically impact your quality of life in the near future. This information should prompt you to discuss current and future treatments with your physician and how they may impact your living will.
- Changes in medical technology: Health care is constantly changing, as advances in science develop new ways to make patients comfortable in their final days. A new medication or treatment procedure might prompt a patient to update their living will.
- Changes in religious or ethical beliefs: Some individuals choose to alter their living will because of changes in their religious or ethical practices. The directive should reflect your personal values and should be updated as needed.
- Concerns about pain or discomfort: Palliative care can help manage a person’s pain and discomfort during end-of-life treatment. You should talk with your doctor about how to address feelings of pain or hunger in the event you cannot clearly communicate your preferences.
- Understanding emergency limitations: Emergency Medical Technicians (EMTs) are required to provide life-saving treatment regardless of a person’s living will. Knowing these limits may prompt you to revisit yourliving will and possibly execute additional instruments like a Medical Order for Life-Sustaining Treatment (MOLST).
We Can Update Your Living Will Today
No matter your reasoning for wanting to modify your living will or advance directive, our legal team can help you accomplish this goal. LaFountain & Wollman P.C. is your comprehensive estate planning law firm. We can walk you through the process of revising your living will and discuss other documents you may wish to have, such as a health care proxy. Give us a call today.