Living Wills and Medical Powers of Attorneys

A living will is a document that makes your wishes about life-saving or life-prolonging procedures in the event that you are in an accident or fall suddenly ill with the prognosis that you are not likely to regain consciousness. A medical power of attorney is a document that appoints one or more persons to act as proxy should you become disabled, incapacitated or incompetent to make a decision regarding your medical care. Many people are aware of the purpose of these documents, but have not executed their own yet. Illness, injury, and death are often very sensitive subjects that most of us prefer to think we are too young to worry about. It is important to confront these issues early on for many reasons.

The media blitz surrounding Terry Sciavo not too long ago paints an all-too poignant picture of what can happen without a living will. Ms. Sciavo became unable to make her own medical decisions after an accident at the age of twenty five. After ten years of court battles, she was finally taken off life support, and died a couple of weeks later. Because mom and husband did not agree on whether or not to continue her tube feedings, millions of dollars were spent, as many tears shed, and thousands of words of anger and grief exchanged as the world watched the scenario unfold on television.

As much as most people want to think this would not happen to them or with their family, the truth is that these types of disagreements are not uncommon. Letting go of someone can be a very difficult and sometimes impossible thing for a loved one to do. Making the decision to discontinue life-prolonging procedures can make the person feel as if they are killing their loved one.

From experience, I can tell you that it is a hard thing to watch, much less to do. Even knowing that my stepfather did not want to be placed on a ventilator, I cried with my mom as she made the decision to ask them to take him off the ventilator after he had a massive stroke. Watching his body heave with each machine-induced breath made me understand why he did not wish to live that way. It was painful to see. After he was taken off the ventilator, he lived for twenty-three hours. His vitals were up and down during that period of time, and his final few hours were more than difficult for my mother to bear. She felt that even though he was non-responsive, she somehow made the decision that killed him. Even though she carried out his adamant wishes, she still felt guilt. I have come to understand through my research that this is a very common feeling.

Had my stepdad had a living will, my mother would not have had to make that decision. Having medical power of attorney, she would have been consulted on whether or not to revive him. Once it was determined he would be in a persistent vegetative state or would not regain consciousness, she would not have had to make any further decisions, as his living will would have kicked in. His wishes would have been followed per HIS instruction.

Consider the consequences for those you love and that love you. Discuss with your attorney or doctor under what circumstances you wish to have life saving or prolonging procedures performed for your benefit, and under which circumstances you do not wish to have these procedures. Make sure that you have multiple original copies of these documents, and that you file them with each hospital or health care provider, and have an extra with your attorney or trusted family member. Make sure your family knows of these documents and where to find them in the event you are in an accident away from home. If you appoint someone to hold medical power of attorney for you, make sure you discuss your wishes with them, so they know what your wishes truly are. Make sure if you transfer from one hospital to another, that you provide the new hospital with a copy or ask them to transfer it with you. Neither document will do you or your loved ones any good if it is not known of or buried somewhere no one can find it in a hurry.

If you can cast aside your comfort zone for a moment to make these decisions now, it will help provide you comfort and peace of mind for many years into the future that your wishes will be carried out, and your loved ones might be spared the heartbreak of making those difficult decisions in a very difficult time.