| Understanding the Living Will | |
A living will is an advance care document that specifies a patient’s wishes with regard to medical care should the patient become terminally ill, incompetent, or unable to communicate. A living will is commonly used with a health care agent. All states and the District of Columbia have laws that outline the documentation requirements for living wills. The sample document below is from Ohio. Living Will If my attending doctor and one other practitioner who examines me determine, to a reasonable degree of medical certainty and in accordance with reasonable medical standards, that I am in a terminal condition or in a permanently unconscious state, and if my attending doctor determines that at that time I no longer am able to make informed decisions regarding the administration of life-sustaining treatment, and that, to a reasonable degree of medical certainty and in accordance with reasonable medical standards, there is no reasonable possibility that I will regain the capacity to make informed decisions regarding the administration of life-sustaining treatment, then I direct my attending doctor to withhold or withdraw medical procedures, treatment, interventions, or other measures that serve principally to prolong the process of my dying, rather than diminish my pain or discomfort. I have used the term "terminal condition" in this declaration to mean an irreversible, incurable, and untreatable condition caused by disease, illness, or injury from which, to a reasonable degree of medical certainty as determined in accordance with reasonable medical standards of my attending doctor and one other practitioner who has examined me, both of the following apply:
I have used the term "permanently unconscious state" in this declaration to mean a state of permanent unconsciousness that, to a reasonable degree of medical certainty, is determined in accordance with reasonable medical standards by my attending doctor and one other practitioner who has examined me, as characterized by both of the following:
Nutrition and Hydration I hereby authorize my attending doctor to withhold or withdraw nutrition and hydration from me when I am in a permanent unconscious state if my attending doctor and at least one other practitioner who has examined me determine, to a reasonable degree of medical certainty and in accordance with reasonable medical standards, that nutrition or hydration will not or no longer will serve to provide comfort to me or alleviate my pain. [Sign here for withdrawal of nutrition or hydration] ________________________________________________________________________________ I hereby designate ________________________________as the person whom [Print name of person to decide] I wish my attending doctor to notify at any time that life-sustaining treatment is to be withdrawn or withheld pursuant to this Declaration. ________________________________________________________________________________________________________________________ [Sign your name here][Today’s date] Witnessed by: _______________________________________________________________________________________________________________ [Living will person’s name] voluntarily signed or directed another individual to sign this Living Will in the presence of the following who each attests that the Declarant appears to be of sound mind and not under or subject to duress, fraud, or undue influence. ________________________________________________________________________________________________________________________ [First witness signs here][Second witness signs here] Adapted from Leading Age Ohio, et al. (2019). "Choices: Living well at the end of life; Advance directives packet (7th ed.)." [Online]. Accessed May 2021 via the Web at http://www.midwestcarealliance.org/aws/LAO/asset_manager/get_file/314696?ver=8392 |