Living wills also known as advance directive, health care directive, and physician’s directive are something you may consider at some point in your life. Also, each State has it’s own unique requirements for a living will.
Making a living will while competent may seem like the the thing to do, if you know what kind of treatment you do or don’t want in the event you become incapacitated. Unfortunately, there are a few disadvantages that you should be aware of before you set it in motion. The following are a few of the cons that you should take into consideration.
1. A Living Will only goes into effect if you have a terminal illness or your in a permanent vegetative state. The basic definition of Terminal Illness as defined by www.wikipedia.org is an active and malignant disease that cannot be cured or adequately treated and that is reasonably expected to result in death.
A permanent vegetative state as also defined by wikipedia, is a wakeful unconscious state that lasts longer than a few weeks.
Again these are basic definitions, in truth your doctor is the only one who can make this diagnosis. Doctor’s vary on what degrees and take in different considerations in making these diagnosis, so you need to be completely aware before making a Living Will as to what your doctor’s exact definition of terminal illness and permanent vegetative state are. Another problem arises when doctor’s are not under the same agreement as you on what constitutes extreme measure’s. You need to clearly state what extreme measure’s you do or do not want in the event you cannot speak for yourself. A few example’s of the details you should consider are; How do you feel about feeding tubes, pain medication, ventilator’s, CPR, and surgery?
2. Another disadvantage according to www.babyboomercaretaker.com is that a Living Will, will not be found when it’s needed. Many people have they’re living wills locked away in personal safes and safe deposit boxes and forget to notify they’re family member’s that they have one.
A living will also,has to be prepared under the supervision of a doctor and must be notarized with an attorney present. Making it much more expensive and involving more upfront costs than a regular will.
3. In theory, a living will prevents family arguing over the state of your care and treatment should you become unable to make your wishes known yourself. In truth, the family member you designate as your medical power of attorney, may not have clearly understood your wishes and thought’s. Also, a medical power of attorney once enacted gives the authorized family member a lot of latitude in they’re decision making of your medical care. This may leave your family member being swayed by other family member’s into making decision’s you may have not wanted.
A recent example of this according to www.cnn.com/garycoleman is the death of Gary Coleman. According to this article Gary Coleman’s living will stated that he should be kept alive for 15 days. Yet, Shannon Price had him removed from lift support after one day.
Source: www.alllaw.com
www.ezinearticles.com
www.babyboomercaretaker.com
www.wikipedia.org
www.expertlaw.com
www.cnn.com/garycoleman
www.texmed.org
