Living Will

A Living Will is a signed and notarized or witnessed document that allows a person to state in advance that his/her dying should not be artificially prolonged. This decision may be made only by the patient or by a person the patient has designated; relatives and even the patient's legal guardian do not have the authority to make this decision.

The creation of a Living Will is a very personal decision and the Living Will may be customized to fit your desires. Generally, you may request that if you will not recover to the point where you can have a meaningful life, that you not receive any life prolonging treatment by invasive means (i.e. a feeding tube or I.V.).

You may also require that you receive pain management treatment even if it will shorten your life.

It is important that your living will provide a "hold harmless" clause for the medical staff and hospital that honor your wishes so they can be less concerned about law suits from your family members.

Finally, you may either make your Living Will the final word or you may grant a Medical Power of Attorney specific power to override the direction of your Living Will.

To Be Effective Under Kansas law
The person creating the Living Will must be an adult (at least 18 years old) and competent when the living will is signed.

Witnesses may not be relatives or have a financial interest in the person's medical care or estate.

Living Will Instructions
Any adult person may execute a declaration directing the withholding or withdrawal of life-sustaining procedures in a terminal condition. The declaration shall be:

In writing.
Signed by you or signed by another person in your presence and by your expressed direction.
Dated.
Signed in the presence of two witnesses at least 18 years of age neither of whom shall be the person who signed the declaration on your behalf. The witnesses may not be related to you by blood or marriage, entitled to any portion of your estate, or directly financially responsible for your medical care or acknowledged before a notary public.

It is your responsibility to notify your attending physician of the existence of the declaration. The physician shall make a copy of the declaration part of your medical records.

Other considerations
The declaration may have no effect during the course of a qualified patient's pregnancy. To make sure your wishes are understood if you are pregnant or likely to become pregnant, it is advisable to state them.

Your Living Will can be revoked by you at any time by any of the following methods:

By obliterating, burning, tearing or defacing in a manner indicating your intention to cancel.
By writing a revocation and signing it or directing someone else to sign it.
By a verbal expression in the presence of an adult witness who signs and dates a confirmation that your expression was made.

When the attending physician receives notification of the revocation, the time, date and place will be noted in your medical record.

To get a free Living Will form from Kansas Health Ethics, Inc., Click Here.