Living Wills - Suppose You Want Extraordinary Steps to Extend Your Life

    The great majority of our estate planning clients execute documents (we always urge the use of medical powers of attorney, along with the medical directive, NOT just so-called living wills or advance medical directives) to let the family know their wishes in the event of life-threatening illness or injury.

    Usually, the concern is that medical professionals in control may keep them breathing (and running up bills) when there is no longer any sense in doing so. Indeed, that is a legitimate concern, especially when the physician, or other health care provider, must worry about today s all-too-frequent filing of malpractice lawsuits.

    Suppose, however, the physician is one inclined to pull the plug SOONER rather than later? Recent newspaper articles suggest that this, too, may be a problem. The matter has become a source of trouble in this fashion because some health care professionals have chosen to ignore living wills and take action according to their own values and judgment, alone.

    The main point is that a living will alone is unsatisfactory. They are not binding on anyone. The only right approach is the use of an advance medical directive jointly with a power of attorney naming an appropriate person to see that it is honored. Please give us a call if you have questions.