Living Will. Download online state specific an Advance Directive, Revocable Living Will Forms
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To better understand the issues relating to your legal situation or problem, our legal information and other law related facts may be of interest to you
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Anyone who has the capacity to make health care decisions can make a Health Care Directive.
Anyone who has the capacity to make health care decisions can make a Health Care Directive. A person 16 years of age or older is presumed to have that capacity. Anyone making a directive is presumed to be at least 16 unless the contrary is proven. A directive must be in writing, dated and signed. It becomes effective when the person loses capacity or is unable to communicate his or her wishes. The person appointed to make decisions is called a "Proxy." A Proxy must be at least 18 years old and must act in accordance with the list of principles that include the following:
1) follow the directions outlined in the directive; 2) follow the person's wishes; 3)act in the person's best interest;
A Proxy cannot make decisions about the following unless the directive specifically says otherwise:
1) medical treatment primarily for research; 2) sterilization that is not medically necessary for the protection of the person's health; 3)removal of tissue for transplantation or research.
There are usually additional provisions for more than one Proxy should they disagree. The court can review the conduct of a Proxy and terminate or replace him or her. A Proxy is protected from liability for actions made in good faith and is still entitled to rights he or she might have by a will or otherwise.
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Return to all Living Will legal information
Legal Articles about Living Will
Living Will Frequently Asked Questions
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Living Will And Durable Power Of Attorney For Health Care. What Is The Difference?
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Who Will Handle Your Health Care Proxy
There's no simpler estate planning document than a health care proxy in which you name someone ...
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Entrusting Life and Death Decisions
If you don't have a health-care proxy and a living will, your loved ones likely to suffer for it ...
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Agents, Attorneys & Personal Representatives: An Introduction
Lexology
At that time, the Agent will be able to make decisions regarding “personal matters” authorized under the Personal Directive, including decisions relating to health care, accommodations, whom a maker may live and associate with, participation in social ...
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Law Column: Remaining in control of your medical treatment
Evening Echo Cork
It can set out what you want and your preferences concerning healthcare treatment decisions, if in the future you should subsequently lack the capacity to make those healthcare decisions for yourself, or lack the capacity to give consent for treatments ...
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