As part of the Florida Advance Health Directive series, in this post we are discussing the Living Will.
When you hear the term “living will” what comes to your mind? When I first heard the term, I thought that it was something related to the last will and testament such as a set of directives you want carried out while you’re still alive, as opposed to after you pass on. I was on the right track, but not entirely correct in my assessment.
So, what is it? It is a document of instructions called “directives” for your health care that you give to your health care surrogate. This post breaks down the nuances of the document, elucidating the type of instructions and the conditions under which the instructions come into play. Whether it’s end-of-life care preferences, organ donation wishes, or other critical decisions, the Living Will serves as a guide for the surrogate.
Types of living will directives.
A Florida living will can encompass various instructions tailored to guide healthcare decisions in critical situations. You may choose to address your preferences regarding life-sustaining treatments such as ventilators, dialysis, or artificial nutrition and hydration. You can also specify whether you wish to receive or withhold these treatments under certain conditions.
The document can include organ donation instructions. You may express your consent, or refusal to donate organs and tissues after death. Additionally, you can add instructions for your palliative care preferences such as: the use of pain-relieving medications and other supportive measures to enhance your quality of life.
DNR (Do Not Resuscitate) instructions are often included. These instructions address the use of cardiopulmonary resuscitation (CPR) in the event of cardiac or respiratory arrest specifying if or when it is performed.
You may include your decision about the use of artificial nutrition and hydration, such as feeding tubes and express your preferences regarding the continuation, or discontinuation of these interventions.
Finally, the living will addresses if or when surgeries, diagnostic tests, or other medical procedures take place. This includes circumstances for the administration of specific medical interventions.
When are living will instructions activated?
The directives of a living will may become activated when you lack the capacity to make your own healthcare decisions. This could be due to unconsciousness, mental incapacity, or any condition specified in the living will. In Florida, diagnosis of a terminal condition can cause the living will to become effective. This could mean if you are in an end-stage condition where there is no chance of recovery, and the application of life-sustaining treatments would only artificially prolong the dying process.
Another occasion where the instructions come into play is if you are in a persistent vegetative state. The directives may guide the surrogate’s decisions regarding the use or withholding of certain medical interventions. Lastly, in situations of irreversible coma the surrogate(s) can follow the directives in the living will to guide healthcare decisions aligned with your expressed wishes.
Conclusion
It is crucial for you to clearly articulate your preferences in the living will and to communicate these wishes to your healthcare surrogate and medical team. You should regularly review and update your living will to ensure that it accurately reflects your current values and preferences. You can read more about the Florida requirements for a living will here.
*I am not an attorney therefore the information in my posts is not legal advice.
